ORLANDO 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 Orlando 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 verbally or in writing, to pay you commissions and failed to do so, you may have grounds for a claim. Commission disputes often arise when employers change compensation policies without notice, delay payments, 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 you and the company.

Independent Contractors Generally:

• Control how and when they perform 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 obligations

Employees Generally:

• Work according to a schedule established 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 collecting documents related to your hours and compensation, including:

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

Compare these records with what your employer agreed to pay and what may be required under applicable law.

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 and other unlawful pay practices. Under the Fair Labor Standards Act (FLSA), covered employees must generally receive at least the applicable minimum wage. Eligible non-exempt workers are also typically entitled to overtime pay at one-and-a-half times their regular rate for hours worked beyond 40 in a workweek.

Employers generally cannot withhold earned wages without a lawful reason. Some states provide additional protections, including higher minimum wages and stricter deadlines 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 thorough records of the hours you worked, any differences between what you earned and what you were paid, and every effort you made to address the problem. This documentation may become important evidence if you decide to pursue legal action.

6. Contact Morgan & Morgan in Orlando, 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 unpaid wages, interest, penalties, attorney’s fees, and additional damages related to retaliation.

7. Don’t Delay

Employment claims are subject to legal filing deadlines known as statutes of limitations. The time available may vary depending on the type of claim and the laws that apply. Taking action promptly can help preserve important evidence and protect your legal rights.

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 generally not available in wage and hour cases. However, if your claim also involves unlawful retaliation, you may be able to seek compensation for the emotional harm you experienced.

Because every case is different, a free case evaluation with Morgan & Morgan’s legal team 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 Orlando, 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.