In today’s fast-paced work environment, employees must understand their overtime pay rights, especially in the Fair Labor Standards Act (FLSA) context and state-specific laws, such as those in Florida.

This blog will discuss essential information about unpaid overtime, your rights as an employee, and how to take action if you believe you’re not receiving the compensation you deserve. Mark J. Berkowitz is here to help you navigate these complex issues, protecting your rights.

Understanding Overtime Pay

Overtime pay is a critical component of the FLSA, which sets the federal standards for overtime compensation. In most cases, employees who work over 40 hours weekly are entitled to receive overtime pay, usually at a rate of one and a half times their regular hourly wage. However, exceptions and specific criteria determine who qualifies for this kind of pay.

National Minimum Wage and Overtime

The FLSA also stipulates the federal minimum wage as a baseline for employee compensation. While federal law mandates a minimum wage, individual states, including Florida, may have minimum wage laws that set a higher standard. You must be aware of your state’s specific minimum wage requirements, as they can impact your eligibility for overtime pay.

Florida Employment Law and Overtime

Like many other states, Florida has its own set of employment laws that work in conjunction with federal regulations. If employed in Florida, you should familiarize yourself with federal and state laws to ensure you receive the proper compensation for your work. Florida’s laws might differ from federal standards, and it’s vital to understand how they apply to your employment situation.

Recovering Unpaid Overtime

Taking action is crucial if you believe you haven’t been properly compensated for your overtime work. Here are steps you can consider:

  1. Document Your Hours: Maintain a detailed record of your work hours, including start times, end times, and breaks. Accurate documentation will be invaluable if you need to prove your case.
  2. Consult an Attorney: Reach out to an attorney experienced in employment law, such as Mark J. Berkowitz. A well-versed attorney can help you know your rights, evaluate your situation, and determine if you have a valid claim for unpaid overtime.
  3. File a Complaint: You may file a formal complaint with the Department of Labor or a state labor agency, depending on your circumstances. An attorney can guide you through this process and ensure your claim is properly filed.
  4. Negotiate with Your Employer: In some cases, it’s possible to resolve unpaid overtime issues through negotiation with your employer. An attorney can help facilitate these discussions to reach a fair resolution.


Understanding your rights regarding overtime pay, national minimum wage, and Florida employment law is essential for every employee. Don’t forget to seek legal guidance if you suspect you’re not receiving the compensation you deserve.

Mark J. Berkowitz is committed to protecting your rights and helping you recover any unpaid overtime you may be owed. Your well-being and financial security matter, and you have the right to assert those interests within the boundaries of the law. Contact us today, and allow us to seek justice over your unpaid overtime wages.