Are you wondering, “what are the Florida overtime laws, and how can they affect me?” Well, you are in the right place. The Florida overtime laws are regulations and laws that govern how overtime and minimum wage are awarded to employees.
Minimum Wage And Overtime, What’s The Relationship?
The current minimum wage is $10 per hour, increasing from the previous $8.65. This number will increase to $11 from September 30th, 2022. Every year after that, up until 2026, it will increase by a dollar.
Unless you are exempt from the Florida overtime laws, you are entitled to minimum wage and only get overtime pay if you work over 40 hours a week. You can work with a Miami Dade overtime lawyer to ensure that you get what you deserve per the overtime laws.
Minimum wage and overtime pay can exist exclusively in that you can be eligible to get minimum wage and still not qualify for overtime pay, especially if you fall under the executive, professional, administrative, and computer employee exemptions.
Are Independent Contractors Under The Florida Overtime Laws?
Not always. If you are not employed at a company, but you have your roles and work for them in one way or another, you may fall under the independent contractors’ category and are not entitled to overtime pay according to the Florida overtime laws.
Most employers also agree to this for their benefits since you may not fall under the ‘employees’ category as per the Florida labor laws. The best way to handle that is by involving a trusted employment attorney in Fort Lauderdale to help spell out your options.
Having a contract stating all terms of your payments and what you are entitled to or not is very important for you as an independent contractor, and a Florida unpaid overtime attorney & wage lawyer can help make sure that you get what you deserve and to write up a safe contract.
Common Overtime Regulations Within The Employer’s Discretion
An employer must provide an overtime pay of one and half of their wages to all employees if they work over 40 hours a week. Here are some areas which are not covered by the Florida overtime laws and are solely at the employer’s discretion.
- If you are exempt
- Working on holidays
- Working during designated breaks
- Expected work to be done after clocking in
What To Do If You Have Unpaid Overtime Pay
The first step is to call an unpaid overtime attorney in Palm Beach County to help establish that you are indeed eligible for overtime according to the Florida overtime laws or a contract. If there is indeed a denial of fair overtime pay, you can go on to claim it.
With the help of an experienced employment attorney in Fort Lauderdale, you can recover all your unpaid overtime pay from 3 years back, plus an award of liquidated damages.
With the help of a really good Florida unpaid overtime attorney & wage lawyer, the court can award you twice the amount of your unpaid overtime as overtime pay and liquidated damages.
To understand more about the Florida overtime laws and how they affect you, please don’t hesitate to call Mark J. Berkowitz P.A. We have the best employment lawyers in Miami and Palm Beach areas.