Your employer is legally required to follow certain wage laws in Florida. When you work over 40 hours a week and aren’t paid overtime compensation, you likely need to consult an employment lawyer in Fort Lauderdale to discuss your options. While some employees are exempt from overtime pay standards, many need to take legal action for unpaid wages in this scenario.

Below, our experienced team from Mark J. Berkowitz, P.A., discusses what you need to know about overtime pay laws in Florida and your options for seeking compensation. 

Understanding Florida’s Laws on Overtime Pay

Employers in Florida must follow the federal Fair Labor Standards Act (FLSA), which outlines minimum wage laws and overtime pay requirements. Under the FLSA, employers must pay any non-exempt employees 1.5 times their standard rate for all overtime hours. This means that if you’re normally paid $10 per hour and work 40 hours per week, you should be paid $15 per hour once you exceed your 40-hour threshold, assuming you’re a non-exempt employee, as we define below. 

Qualifications for Overtime Pay

Florida state law categorizes workers as contractors or exempt and non-exempt employees. These categorizations determine whether you qualify for overtime pay:

  • Contractors: Independent contractors are not employees and are not given overtime pay protection under the FLSA. 
  • Exempt employees: Some full-time employees are still exempt from FLSA protection, including workers with executive, professional, or administrative roles. Many salaried employees are exempt, but being salaried does not automatically make you exempt. 
  • Non-exempt employees: Non-exempt employees work over 40 hours and do not fit into the exemption categories above. Therefore, they must be paid 1.5 times their wage for any overtime hours they put in. 

Exemption status can be hard to determine. If you’re unsure whether you’re exempt, we recommend scheduling a consultation with an employment lawyer in Fort Lauderdale.

Common Examples of Wage Law Violations in Florida

Wage theft is not always obvious. Your employer may attempt to convince you that you’re not qualifying for overtime pay because you aren’t entitled to it, but this may not be the case. Here are common examples of wage violations in Florida that you should be aware of:

  • Asking you to work off the clock
  • Adding their own overtime exemption clauses to your contract
  • Incorrectly classifying you as an exempt employee
  • Failing to pay you minimum wage
  • Refusing to pay you your commissions or bonus
  • Refusing to give you the paid vacation time outlined in your employment contract
  • Retaliating against you for reporting workplace violations

Whether you experience employer retaliation or unpaid overtime, you must speak with an employment lawyer in Fort Lauderdale to discuss your options. 

What To Do When Your Employer Doesn’t Pay You Overtime

You have a few options if your employer doesn’t pay you overtime wages when they’re legally obligated to do so. First, you can file a claim with the Florida Department of Labor or the Wage and Hour Division of the U.S. Department of Labor. Either department (state or federal level) can investigate your claim and determine whether your employer owes you compensation for your missed wages. 

If your employer disputes your claim or you face any issues during the process, seek legal support. An attorney can help determine whether you should consider opening a lawsuit and aid in the employment dispute resolution process. 

Schedule a Consultation With Mark J. Berkowitz, P.A., Today

If your employer owes you overtime wages, speak with an experienced employment lawyer in Fort Lauderdale today by calling Mark J. Berkowitz, P.A., at (954) 527-0570. We believe in our clients.