Despite recent economic improvements, we still live in a tough job market. This means some employers are increasingly willing to bend or break wage and hour laws and regulations.
Jacksonville is home to many industries susceptible to wage theft, and with the economy on the upswing, more jobs are arriving that may increase the reality of lost overtime and other wage violations. Jacksonville is the epicenter of several facilities that ship, distribute, and deliver goods, as well as strong restaurant and retail industries, where employees are particularly susceptible to wage theft.
If you feel you are being deprived of wages by an employer in Jacksonville, one of our knowledgeable wage and hour lawyers may be able to help. At Morgan & Morgan, we understand the nuances of overtime regulations and are prepared to help Florida workers stand up to unfair employers.
Who is Protected by the Fair Labor Standards Act?
The state of Florida has no laws regarding overtime pay for workers, but employers in the state must adhere to federal law, specifically the Fair Labor Standards Act. The FLSA governs who is eligible for overtime and many other aspects of the employer and employee relationship. The FLSA applies to workers in the following circumstances:
- Any employee of an enterprise engaged in interstate commerce which has gross receipts of at least $500,000 per year
- Any domestic worker who earns at least $1,700 per year or works at least eight hours per week
- Any employee of a hospital or other institution caring for the sick, aged, or mentally ill
Violations Might Not Always be Obvious
Most FLSA violations are not as clear as being forced to work more than 40 hours in a week while being denied the time-and-a-half premium for each hour over 40 that was worked. The majority of Florida wage and hour violations — much like other types of violations — are subtle, and many employees have gone years being deprived of their well-earned cash because of that subtlety. Some common examples of wage theft are listed below.
“Off-The-Clock” Work
Employees are supposed to be compensated for the entire time they are furthering their employer’s business, even if it exceeds 40 hours a week. Yet, some employers require their employees to perform work either before clocking in or after clocking out.
This can mean requiring you to do a variety of things, like clean up after your shift, travel through security checkpoints or across a facility to a distant worksite, or putting on extensive safety equipment and uniforms.
Fifteen minutes of extra work a day might seem inconsequential, but it can add up over time. Consider that 15 minutes of unpaid work each day adds up to more than an hour of unpaid work a week, more than a week a year, and up to several months of unpaid labor over the course of a career.
Misclassifying Employees
Many people think all salaried employees are exempt from overtime laws, but that is a common misconception.
Bona fide managers, executives, professionals, and administrative workers who exercise their own judgment can be exempt from overtime, and be required to work more than 40 hours per week without receiving any extra pay. Salaried employees that do not qualify for one of these exemptions must be paid overtime unless they earn more than $23,660 a year.
Can a Morgan & Morgan Attorney Help You?
Jacksonville employers, and in fact employers everywhere, should be paying their workers fairly. Shorting employees for the hard work they put in is disrespectful and illegal. Our Morgan & Morgan attorneys understand the hardship that comes about as a result of that treatment and are ready to fight with you against it.
If you believe your employer has wrongfully deprived you of overtime pay, contact us for a free case evaluation to have your situation evaluated by an experienced Jacksonville attorney.