KEY WEST LABOR AND EMPLOYMENT LAWYERS

A wage and hour claim is a legal action filed by an employee who believes their employer violated applicable pay or labor laws. These claims may involve unpaid wages, unpaid overtime, minimum wage violations, worker misclassification, or improper meal and rest break practices.

Wage and hour violations can significantly affect an employee’s financial well-being. Some of the most common violations include:

Unpaid Overtime

Under the Fair Labor Standards Act (FLSA), eligible non-exempt employees are generally entitled to overtime pay when they work more than 40 hours in a workweek. An employer’s failure to pay the proper overtime rate may give rise to a claim for back pay.

For example, if you worked 50 hours in one week but received your regular hourly rate for all 50 hours, you may have an unpaid overtime claim.

Failure to Pay Minimum Wage

Employers are generally required to pay workers at least the minimum wage established by applicable federal or state law. If you were paid less than the required rate, you may be able to recover the unpaid amount.

Compensating an employee below the applicable minimum wage may constitute wage theft.

Improper Paycheck Deductions

Employers may make certain lawful deductions for expenses such as taxes, insurance premiums, and retirement contributions. However, deductions that are unauthorized or otherwise prohibited by law may violate an employee’s rights.

For instance, deducting money for workplace damage an employee did not cause could be considered an improper deduction.

If you believe your employer committed a wage and hour violation, Morgan & Morgan may be able to help you understand your legal options. Contact us for a free case evaluation.

Yes. If your employer agreed, either verbally or in writing, to pay commissions and failed to do so, you may have grounds for a claim. Commission disputes can arise when employers change compensation policies without notice, delay payment, or refuse to pay commissions after an employee leaves the company.

If you satisfied the requirements for earning the commission, your employer may not be legally permitted to withhold it.

If a company labels you as an independent contractor but controls your work as though you were an employee, you may have been misclassified. This type of misclassification can create significant legal and financial consequences for both you and the company.

Independent Contractors Generally:

• Control how and when they complete their work
• Use their own tools and equipment
• Provide services to multiple clients
• Do not receive traditional employee benefits, such as health insurance or paid time off
• Handle their own tax payments

Employees Generally:

• Work according to a schedule set by the employer
• Receive supervision or direction from the employer
• Use tools or equipment provided by the employer
• Primarily work for one company
• May qualify for protections and benefits such as minimum wage, overtime pay, and workers’ compensation
• Have employment taxes withheld from their paychecks

If you have been misclassified, you may have been denied overtime wages, minimum wage protections, unemployment benefits, workers’ compensation coverage, and other employment rights.

If your employer fails to pay you properly, whether it’s missed wages, unpaid overtime, or incorrect pay rates, there are several steps you can take to protect your rights:

1. Review Your Records

Begin by gathering documents related to your employment and compensation, including:

• Pay stubs
• Timesheets or clock-in records
• Your employment contract or offer letter
• Emails, messages, or other communications about your pay

Compare these records with the amount you were promised and the wages required under applicable law.

2. Communicate With Your Employer

The payment problem may have resulted from a mistake. Contact your supervisor or human resources department to explain the issue and request clarification. Save copies of all emails and keep dated notes of any conversations about the dispute.

3. Know Your Rights

Federal and state labor laws protect employees from wage theft. Under the Fair Labor Standards Act (FLSA), you must be paid at least the federal or state minimum wage, whichever is higher. Non-exempt workers are also entitled to overtime pay (1.5x) for hours worked over 40 in a week. Otherwise, employers cannot withhold any pay without a valid reason.

Some states have stronger protections, including stricter timelines for issuing paychecks.

4. File a Complaint With the Department of Labor

You can file a wage claim through the U.S. Department of Labor's Wage and Hour Division (WHD) or your state labor agency. They can investigate and help recover unpaid wages.

5. Document Everything

Document the hours you worked, any differences between what you earned and what you were paid, and each effort you made to resolve the problem. These records may serve as important evidence if you later decide to pursue legal action.

6. Contact Morgan & Morgan in Key West, Florida

If your employer refuses to pay the wages you earned or retaliates against you for asserting your rights, Morgan & Morgan may be able to help. We offer free case evaluations, and you pay no attorney’s fee unless we successfully recover compensation for you.

Depending on the circumstances, you may be entitled to recover unpaid wages, interest, penalties, attorney’s fees, and additional damages related to retaliation.

7. Act Promptly

Wage and hour claims are subject to legal filing deadlines known as statutes of limitations. The amount of time available may vary depending on the type of claim and the laws involved. Taking action quickly can help protect your rights and preserve important evidence.

The compensation available in a wage and hour lawsuit depends on the nature of the labor law violation. Common forms of recovery may include:

Unpaid Wages and Overtime

You may be able to recover wages you should have been paid, including unpaid minimum wages and overtime. Under federal law, overtime is typically paid at time-and-a-half for hours worked over 40 in a week. If you were not properly paid, you may recover the difference between what you were paid and what you were owed.

Liquidated Damages

Under the Fair Labor Standards Act (FLSA), you may also be entitled to liquidated damages equal to your unpaid wages. For example, if you are owed $5,000 in unpaid wages, you may be able to recover an additional $5,000 in damages, for a total of $10,000, unless your employer can demonstrate that it acted in good faith.

Interest

Depending on the laws that apply to your claim, you may also be able to recover interest on the unpaid wages that accumulated before the court entered a judgment.

Attorney’s Fees and Costs

If your claim is successful, your employer may be required to cover your attorney’s fees and certain court or litigation expenses. This can make pursuing a case more practical, even when the amount of unpaid wages is relatively modest.

Retaliation-Related Damages

If your employer retaliated against you for exercising your legal rights, such as by firing, demoting, or harassing you, you may be entitled to additional remedies. These may include lost wages, reinstatement, compensation for reputational harm, and, in particularly serious cases, punitive damages.

Emotional Distress (Limited Situations)

Emotional distress damages are generally not available in wage and hour claims. However, if your case also involves unlawful retaliation, you may be able to seek compensation for the emotional harm you experienced.

Because every case is different, speaking with Morgan & Morgan’s legal team through a free case evaluation can help you better understand the potential value of your claim.

Morgan & Morgan’s labor and employment attorneys work on a contingency-fee basis. This means you do not pay upfront attorneys’ fees, and you only pay if we successfully recover compensation for you. The Fee Is Free™ unless we win.

Our fee is calculated as a percentage of the settlement or verdict, so our interests remain aligned with yours throughout the case.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our wage & hour lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan in Key West, Florida, you’re backed by more than just one attorney; you gain access to the resources of America’s Largest Injury Law Firm™, with over 1,100 attorneys and offices nationwide.

Your case will be handled by a dedicated team that may include attorneys, paralegals, and support staff working together on your behalf. You’ll also have a primary attorney who oversees your case, keeps you informed, and provides personalized guidance throughout each stage of the process.

After your initial consultation, your legal team will schedule meetings as needed to discuss your case, share updates, and prepare you for any upcoming proceedings. Morgan & Morgan is committed to clear communication and to keeping you informed throughout the legal process.

Depending on your case and personal circumstances, meetings may be held in person, by phone, or virtually.

Morgan & Morgan’s employment attorneys have extensive experience handling wage and hour claims and have helped recover significant compensation for workers in similar situations. As America’s Largest Injury Law Firm™, with over 1,100 attorneys nationwide, we have the resources, knowledge, and reach to take on complex cases.

We handle cases on a contingency fee basis, which means you don’t pay anything up front. With our Fee Is Free™ approach, you only pay if we win your case.

Morgan & Morgan is committed to holding employers accountable for violating wage laws and workers’ rights. If you believe you have been underpaid or treated unfairly, you do not have to face the situation alone. Contact Morgan & Morgan today for a free case evaluation to learn more about your options.