FORT MYERS LABOR AND EMPLOYMENT LAWYER

A wage and hour claim is a legal action brought by an employee who believes their employer failed to comply with applicable wage and labor laws. These claims may involve unpaid wages, unpaid overtime, minimum wage violations, employee misclassification, or unlawful 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 must pay workers at least the minimum wage required by applicable federal or state law. If you received less than the legally required rate, you may be entitled to recover the unpaid difference.

Paying an employee below the applicable minimum wage may be considered 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 classifies you as an independent contractor but treats you like an employee, you may have been misclassified. Worker misclassification can have serious legal and financial consequences for both the worker 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

Start by gathering the following:

• Pay stubs
• Time sheets or clock-in records
• Employment contract or offer letter
• Any communication about pay (emails, messages)

Compare what you were paid with what you were promised or what the law requires.

2. Communicate With Your Employer

The payment issue may be the result of an error. Raise the concern with your supervisor or human resources department and ask for clarification. Keep copies of any emails and make dated notes of conversations related to 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 Fort Myers, Florida

If your employer continues to deny rightful wages or retaliates against you for speaking up, contact a labor and employment attorney at Morgan & Morgan. We offer free case evaluations, and we only get paid if you win your case. You may be entitled to unpaid wages, interest and penalties, legal fees, and possible damages for retaliation.

7. Don’t Delay

There are legal deadlines, known as statutes of limitations, for filing claims. The amount of time you have can vary depending on the type of claim and the laws in your state. Acting promptly 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, you may be able to recover $10,000 total, $5,000 in unpaid wages and $5,000 in additional damages, unless your employer can show it acted in good faith.

Interest

Depending on the applicable state law, you may also be entitled to recover interest that accrued on the unpaid wages before a judgment is entered.

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 example, by firing, demoting, or harassing you for asserting your rights, you may be entitled to additional compensation. This can include lost wages, reinstatement, damages for harm to your reputation, and, in extreme 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 & employment lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

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 Fort Myers, 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 arrange meetings as needed to discuss your case, provide updates, and help you prepare for upcoming proceedings. Morgan & Morgan is committed to maintaining clear communication and keeping you informed throughout the process.

Depending on your case and personal circumstances, meetings may take place 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.

We are committed to holding employers accountable when they violate wage laws and workers’ rights. If you believe you’ve been underpaid or treated unfairly, you don’t have to navigate it alone. Contact Morgan & Morgan today for a free case evaluation to learn more about your options.