Overtime Attorney in Gainesville

104 N. Main Street, Suite 500
Gainesville, FL 32601
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Overtime Attorneys in Gainesville, FL

The city of Gainesville is home to more than 133,000 people. The city also draws more and more visitors each year. 

As a thriving community, Gainesville offers its residents many employment opportunities. Most businesses adhere to proper standards and treat their employees with dignity and respect.

However, some disreputable companies do not provide the compensation that their workers deserve. When this happens, a skilled team of overtime attorneys in Gainesville, FL, can help you recover the money that you earned.

If you have been wrongfully denied wages or overtime claims, do not hesitate. Reach out to a knowledgeable employment attorney as soon as possible.

Having a legal professional represent you will give you a chance to recover the overtime payments your employer owes. Overtime cases involve nuanced and complex legal issues. 

Because of this, it is important to speak with a tort lawyer who has experience in employment-related cases. Fortunately, Morgan and Morgan’s overtime attorneys in Gainesville, FL, have the skills and knowledge needed to successfully fight for you. 

Federal law requires companies to provide their workers with certain overtime pay rates. Failing to do so can leave employers open to legal action from their employees.

If you believe you have a valid overtime claim, reach out to the accomplished attorneys at the firm of Morgan & Morgan. Our friendly team will gladly provide you with a free case evaluation to determine the value of your claim.

To schedule your no-obligation, no-cost consultation, fill out the easy-to-use contact form on the Morgan & Morgan website right now. Let our team of employment lawyers represent you.

Understanding Overtime and Unpaid Wage Law

According to federal law, employers must provide their workers with time-and-a-half compensation for any work that exceeds forty hours per week. While there are some established exceptions, this requirement typically applies.

In some instances, disreputable business owners may tell their employees that they are ineligible for overtime pay. But when workers are misclassified or otherwise wrongfully denied the pay that they are owed, they have legal recourse.

If you believe that your employer has failed to pay you the money that you earned, reach out to overtime attorneys in Gainesville, FL. A legal specialist will review the circumstances of your claim and help you pursue justice.

When a Florida employer keeps money that one of their employees has rightfully earned, it is a crime known as “wage theft.” This type of crime causes Floridians to lose millions of dollars every year.

If your employer has violated federal statutes by denying you overtime pay, you may be entitled to additional compensation for the lost pay. Some wage theft victims believe that they can pursue financial recovery without the help of an attorney. In most cases, this is ill-advised. 

It is important to understand the legal basis for unpaid overtime claims. The Fair Labor Standards Act (FLSA) is a federal law that protects over 130 million U.S. workers.  

This law requires companies to provide “premium pay” for any hours that exceed 40 working hours in a single week. Over the years, unscrupulous corporations have found loopholes to attempt to underpay their workers and increase their profits. 

Misclassifying Employees

One of the most common tactics for wrongfully decreasing payroll costs is misclassifying workers. Unfortunately, many Florida businesses engage in this practice.

For example, a business may decide to classify hourly workers as salaried. Paying employees a flat rate is a strategy for greedy businesses to overwork their staff without adequately compensating them.

However, even employees who are paid in salary form can legally earn overtime. Salaried employees still deserve overtime compensation unless they are legally exempt for some other reason.

Some businesses provide the possibility of “off-the-clock” work for cash. This allows employers to skirt regulations and underpay for the labor that benefits them.

Finally, independent contractors are not required to be given overtime pay. The state of Florida relies on a “right of control” criteria to determine whether a worker should be categorized as an employee or an independent contractor.

Some of the factors involved in the “right of control” test are:

  • Employers’ level of control over the details of the work
  • The level of supervision of the employer
  • The level of skill required to complete the work
  • The duration of employment
  • Whether the employer provides the required tools and location
  • If the worker engages in a distinct business or occupation
  • And more

If you believe that you have been misclassified by your employer, you may be the victim of wage theft. Make sure to consult with overtime attorneys in Gainesville, FL, to fight for the pay you have rightfully earned.

The skilled team of tort lawyers at Morgan and Morgan will fight diligently to recover the money that you are owed for your labor. Do not allow tightfisted employers to deny you what you have earned. 

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Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

Morgan & Morgan

  • What Are Exemptions for Overtime Pay?

    The state of Florida has not passed any exemptions for overtime pay regulations. However, some exemptions exist under federal law. These exemptions apply in Florida, as well.

    Some of the most common exemptions for overtime pay include:

    Commissioned Sales Workers

    Retail and service businesses that rely on commissioned sales employees may be exempt from overtime pay requirements. This is the case if over half of the workers’ income is derived from commissions and their pay equals 1.5 times the minimum wage per hour.

    Computer Employees

    Some employees who work on computers are exempt from the protections of the FLSA. These workers must make at least $27.63 for each hour that they work.

    Farm Employees

    Those who work for small farms are often exempt from overtime pay regulations and minimum wage requirements. Young workers are also exempt from these requirements with the consent of their parents. 

    Seasonal Employees

    Workers who are employed for seasonal and recreational work may be exempt from the protections of the FLSA. 

    These are only a few of the common exemptions to overtime pay regulations. To determine whether you qualify for overtime pay rates, speak with a knowledgeable employment attorney at Morgan & Morgan.

  • What Should I Do if My Company Does Not Have an Overtime Policy?

    If your employer does not set forth guidelines outlining their overtime policy, they may be denying you the pay that you have earned. Whether it is intentional or not, failing to pay workers the money they have earned is illegal.

    Even if your employer does not post an overtime policy, they are still required to follow federal and state guidelines. 

    When you have been underpaid, make sure to consult with the premier overtime attorneys in Gainesville, FL, at the firm of Morgan & Morgan. We will review your employer’s payment practices and hold them accountable if they have engaged in wage theft against you.

  • How Can I Afford an Employment Law Attorney?

    When you have been the victim of wage theft, you already face an enormous financial challenge. Because of this, you should not have to worry about finding money to cover upfront attorneys’ fees.

    Fortunately, reputable tort law firms are structured around a contingency fee payment approach. With this method of legal payment, clients are not required to pay any fees before their case has concluded.

    When you hire the firm of Morgan & Morgan, you and your attorney will determine a specific percentage of the financial recovery from your case. You will only pay attorneys’ fees if your lawyer successfully wins or settles your claim.

    After your Gainesville, FL, overtime claim has been successfully tried or negotiated, the agreed-upon percentage of recovery will be used to cover the cost of legal services. 

    In other words, at Morgan and Morgan, we do not get paid unless you get the money that you deserve.

  • What Is the Statute of Limitations in Florida Overtime and Wage Theft Cases?

    Each state sets a “statute of limitations” on various types of civil claims. This statute functions as a legal timeline by which the claimant must file a lawsuit if they hope to recover damages.

    According to the FLSA, workers may have up to three years to recover unpaid overtime wages. In some instances, Florida state law may extend this legal deadline.

    It is important to speak with an attorney as soon as possible following an instance of wage theft. The sooner you begin the legal process, the sooner you can recover the payment that you are due.

  • How Much Recovery Can I Expect from a Wage or Overtime Case?

    The money that victims can claim through a tort legal case is known as “damages.” The amount of damages you can recover from a settlement or lawsuit will depend on many different factors.

    There are a few different types of damages that you can recover from this type of case. First, victims can pursue compensation for their unpaid wages. Any overtime pay that was not provided can be claimed through your legal case.

    Second, wage theft victims can fight to secure interest on unpaid overtime and wages. State laws often determine the interest rate that victims can apply to their unpaid wages. 

    If your employer intentionally and knowingly withheld money you were owed, they may be required to pay more. Flat sums intended to compensate wage theft victims are known as “liquidated damages.” In some cases, negligent employers are required to pay double the amount of unpaid overtime wages.

    Greedy companies may also be required to pay penalties if your case is successful. Your attorneys’ fees may also be claimed through the damages in a successful overtime or wage case. 

    To determine the appropriate amount of financial damages in your case, speak with an attorney as soon as possible. The reputable team at Morgan & Morgan has decades of experience dealing with this type of case and will hold your Florida employer accountable.

  • Let Morgan & Morgan Work for You

    The accomplished legal professionals at Morgan & Morgan have a long history of fighting for workers' rights. When you are owed wages for your labor, you should not have to worry that a tightfisted employer will deny you the money you have earned.

    Make sure to hold negligent businesses accountable by reaching out to the experts at America’s largest tort law firm ­­— Morgan & Morgan. Our compassionate lawyers will gladly provide you with a no-obligation consultation to discuss the best path forward in your case.

    Schedule a free case evaluation today by filling out the simple contact form on the Morgan & Morgan website. We are on your side.

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