MELBOURNE LABOR AND EMPLOYMENT LAWYER

A wage and hour claim is a legal action brought by an employee who believes their employer failed to follow 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 severely impact an employee’s financial stability. Some of the most common violations in Melbourne include:

Unpaid Overtime

Under the Fair Labor Standards Act (FLSA), non-exempt employees are entitled to overtime pay for hours worked beyond 40 in a workweek. If your employer has not paid you overtime for these extra hours, you may be entitled to back pay.

If you worked 50 hours in a week but were paid your regular hourly rate for all 50 hours, you may have an unpaid overtime claim.

Failure to Pay Minimum Wage

Federal law establishes a baseline minimum wage, but many states and local jurisdictions set higher rates. If you are paid less than the applicable minimum wage where you work, you may be entitled to recover the difference.

For example, if an employee is paid less than the minimum wage required by law, the unpaid difference may constitute wage theft.

Improper Deductions

Employers are allowed to deduct certain amounts from your paycheck (like taxes, insurance premiums, and retirement contributions), but improper deductions are illegal. If your employer is taking deductions not authorized by law or by your agreement, they may be in violation.

For instance, if an employer deducts amounts for "damages" caused by employees, but the employee wasn’t responsible for the damages, this could be an improper deduction.

If you believe you’ve been subjected to any of these violations, contact Morgan & Morgan for a free case evaluation to learn more about your legal options.

Yes. If your employer agreed, either in writing or verbally, to pay you commissions and failed to do so, you may have a valid claim. Commission disputes often arise when employers change policies without notice, withhold pay after termination, or delay payment.

If you’ve met the conditions to earn your commission, your employer cannot legally withhold it.

Suppose you're classified as an independent contractor but perform work like an employee. In that case, you might be misclassified, and that can have serious legal and financial implications for both you and the company you're working for.

Independent Contractor:

• Controls how and when the work is done.
• Uses their own tools and equipment.
• Usually works for multiple clients.
• Doesn’t receive employee benefits (healthcare, PTO, etc.).
• Responsible for their own taxes.

Employee:

• Has a set schedule and is supervised by the employer.
• Uses employer-provided tools.
• Works for one company.
• Is eligible for benefits and protections (minimum wage, overtime, workers’ comp).
• The employer withholds taxes.

If you’re misclassified, you may be missing out on overtime pay, minimum wage protections, unemployment benefits, workers’ compensation, and more.

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

It’s possible the issue was a mistake. Contact your HR department or supervisor and politely raise the concern. Keep a written record of this communication (e.g., emails or dated notes from conversations).

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

Keep detailed records of your hours worked, any discrepancies in your actual pay, and any of your attempts to resolve the issue. This documentation is crucial if you decide to take legal action.

6. Contact Morgan & Morgan in Melbourne, 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.

In a wage and hour lawsuit, the compensation you may recover depends on how your employer violated labor laws. Common types of damages include:

Unpaid Wages and Overtime

You may be entitled to recover unpaid wages, including minimum wage and overtime compensation. Under federal law, eligible employees generally receive one-and-a-half times their regular rate for hours worked beyond 40 in a workweek. If you were underpaid, you may be able to recover the difference between what you received and what you should have earned.

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

In some cases, particularly under state laws, you may also recover pre-judgment interest on unpaid wages.

Attorney’s Fees and Costs

If you win your case, your employer may be required to pay your attorney’s fees as well as court and litigation costs. This can make it easier to pursue a claim, even if the unpaid wages are relatively small.

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 especially serious cases, punitive damages.

Emotional Distress (Limited Situations)

Emotional distress damages are not typically available in wage and hour cases. However, if retaliation is involved, you may be able to pursue compensation for emotional harm as well.

Every case is different, so the best way to understand what your claim may be worth is to speak with the legal team at Morgan & Morgan for a free case evaluation.

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 Melbourne, 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 stay in contact and schedule meetings whenever they are needed. These conversations may be used to review updates, answer your questions, discuss next steps, and prepare you for any upcoming proceedings.

Morgan & Morgan is committed to keeping you informed throughout your case. Depending on your circumstances and the needs of your claim, meetings may take place in person, over the 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.