Overtime Attorney: Fight For What You Worked For – Pursuing Unpaid Overtime

Florida law is clear – if you are an hourly worker and you work more than 40 hours per week, you should be paid overtime. In addition to state law, the federal Fair Labor Standards Act (FLSA) states that overtime pay is required when a worker’s total weekly hours exceed 40 per week. The Florida legislature adopted the overtime rules codified in the FLSA.

How Much Overtime Pay You May Be Entitled To

If you worked over 40 hours, you may be entitled to time and one half regular for all hours worked in excess of 40 in a regular work week. To calculate the amount of overtime pay you are owed, you should multiply your hourly pay by 1.5.

No Overtime Policy Mentioned at Job Site

Do not assume overtime pay is unavailable simply because your employer failed to state an overtime pay policy or did not post information about overtime pay in or around the office. In fact, this could actually be an indication that your employer is not paying you fairly. It is within the realm of possibility that your employer may be intentionally withholding information about overtime pay in the hopes that you, and your co-workers, will simply not ask about an overtime compensation policy. Another possibility is that your employer may have committed an unintentional oversight in how to inform employees of their overtime pay policy.

Not All Employees Qualify for Overtime Pay

If you are a salaried employee and your occupation is categorized as executive, professional, administrative, outside sales or computer-related, then you probably cannot pursue an unpaid overtime compensation claim.

Employees Who Qualify for Overtime Pay

Under Florida law, your wages, duties and occupations determine whether you are eligible for overtime pay. Generally, the following employees should be paid overtime for more than 40 hours of work in a week (before changes to the FLSA go into effect in December):

  • Any employee making a yearly salary of less than $23,600;
  • If your occupation requires manual labor or repair, secretarial, kitchen or clerical work and you are in a non-management position;
  • Most hourly paid employees (though there are various exceptions);
  • Independent contractors (depending on their job responsibilities); and
  • Salaried employees that earn less than $455 per week are allotted overtime.

Do Not Fear Getting Fired for Pursuing What You are Owed

Some employees are concerned that they would be subjected to retaliatory action such as losing their job if they filed for unpaid overtime compensation. Do not fret. The aforementioned FLSA sets forth penalties for employers who decide retaliate against employees seeking unpaid overtime compensation.

Do Not Wait to Take Legal Action

If you suspect you are owed compensation for overtime work, do not wait to take action. Generally, employees have up to three years from the date of the non-payment to recover overtime compensation.

Upcoming Changes to the Rule

Finally, it is important to note that the aforementioned provides information on overtime rules as they apply today; however, they will undergo significant changes at the end of this year. Specifically, the salary eligibility for overtime will be raised, among a number of other changes; as such, it is important to speak with a legal professional who stays abreast of these changes to ensure your rights are protected.

Speak to an Experienced Fort Lauderdale Overtime Compensation Lawyer Today

The law firm of Mark J. Berkowitz, P.A. is ready and able to help you and your loved ones determine whether you should pursue an overtime wage claim. Our objective is simple – achieve a fair recovery you are happy with that compensates you properly for the work you performed. Contact our office at 954-527-0570.


Case managers sue Sunshine Health for unpaid overtime