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Overtime Attorneys in Deland, FL
If your employer denied you overtime pay, we fight to recover your lost wages and ensure fair compensation for your work.
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Is Anyone Exempt From Overtime in Florida?
Specific white-collar employees in Florida are exempted from legal requirements for overtime. In order to be classified as exempt, they must pass a three-tiered test. This includes proving that:
- The salary is no less than $455 per week.
- The worker is not paid on an hourly basis.
- The primary job responsibilities are executive administrative or professional.
How Can I Calculate Overtime?
The typical way to determine your overtime pay in Florida is to take your base rate of pay and multiply it by 1.5 for the number of hours you worked beyond 40 in a given week. Unpaid overtime can build up over the course of weeks and could be a large sum. Hiring an experienced overtime lawyer in DeLand, Florida may be the only way for you to recover compensation for your situation. It is imperative to identify an overtime attorney who has handled situations like this before to advise you about your rights and to give you further information about what kinds of evidence you need to collect to move forward with your overtime claim.
Is There a Time Limit for Filing my Lawsuit?
The standard statute of limitations under the Fair Labor Standards Act is two years for an overtime lawsuit. However, if you can show that your employer engaged in what is known as willful violations, the statute of limitations goes up to three years.
What if I Signed a Waiver?
It is not legal for employers to make workers sign waivers so that they do not receive overtime or minimum wage. If there was a private and separate lawsuit under court supervision that handled your claim for minimum wage or unpaid overtime, or if the waiver was supervised by the Department of Labor, this may not apply. Overtime attorneys have assisted many different people like you and understand some of the serious legal issues involved. They are also prepared to move forward with the next steps in a timely manner. There are so many different things to think about in the wake of being denied overtime pay.
You deserve to have a consultation with an experienced and dedicated lawyer who is there to protect your rights from the beginning to the end of the case. You need a team like the lawyers at Morgan & Morgan who have extensive legal experience representing unpaid overtime claims. They will help you to understand some of the different legal issues involved and will assist you with understanding what you must do next.
It can be overwhelming to move through this process on your own. And thankfully, you do not have to. You need to consult with an attorney as soon as possible to recognize whether or not you have the legal eligibility to pursue a claim and some of the additional steps that you need to take. It can be frustrating to try to move forward in this process on your own, but thankfully, you are not alone in handling these situations. Identify an attorney with the appropriate track record and experience to navigate you through the legal process. An unpaid overtime lawyer in Florida will sit down with you for an initial consultation, which gives you an opportunity to ask questions about what to expect and to gain further information and insight about what it really takes to pursue legal compensation and a claim.
Do I Have to Prove My Employer Was Willfully Violating the Law?
When you bring an overtime claim, you need to be able to show that you were owed overtime pay and that your employer did not pay it. You might have evidence that you raised to the employer when you first discovered the issue. If they ignored it, but you have solid evidence then, this information can bolster your claim. However, as the party who was denied appropriate overtime pay, it is your role to prove that you were owed this pay and that you did not receive it.
You can still proceed with an overtime pay case even if you cannot prove that it was willful on the part of your employer. However, you can expect that any claims about these issues may come up within your case, especially if other employees have been subjected to the willful refusal to pay overtime wages.
Contacting an attorney should be your next step when you discover that you have not received the right overtime pay. You need a legal team with extensive experience and knowledge about these complex issues. Contact the team of professionals at Morgan & Morgan to get advocates on your side as soon as possible. We can provide a free, no-obligation case evaluation to get started.