Overtime Attorney in Orlando

Before bringing up your unpaid overtime wages with your employer, it’s wise to speak with an overtime lawyer first. Discussing the circumstances with an attorney can ensure that you are correct in your assumptions. The laws concerning overtime pay are complex, and you don’t want to cause a rift with your employer if they pay you according to the appropriate regulations.

Talking with an attorney ensures you receive the appropriate legal advice for your case. An overtime lawyer can advise you on the steps you need to take to obtain back pay and make sure future paychecks are accurate. 

In addition, once you have spoken with an attorney concerning your incorrect pay, you have someone who can attest to any retaliation you experience from your employer. If your employer demotes you, fires you, or takes any adverse action that affects your standing in the company, they may be subject to further legal repercussions.

At Morgan & Morgan, we offer free consultations to clients concerned about their lack of overtime pay. You can obtain our advice without needing to go directly to your employer.

Suppose that you decide to pursue legal action against your employer for failing to pay you for working overtime. In that case, you may receive monetary compensation equal to the difference between your actual pay and what you were due. 

Florida law also allows for liquidated damages in overtime pay. Liquidated damages are equal to the amount of your unpaid overtime. 

For instance, if your employer failed to pay you $4,000 in overtime, you can collect the $4,000 plus an additional $4,000 in liquidated damages.

You must follow a specific process to receive liquidated damages from a Florida employer. An attorney at Morgan & Morgan can walk you through the appropriate steps.

You can also recover monetary compensation for the cost of your case, including attorney’s fees and filing costs. You may be entitled to financial and injunctive remedies if your case involves employer retaliation.

Yes, Morgan and Morgan are skilled experts in employment law. We can help you resolve cases related to underpaid wages and bonuses, workers’ compensation, gender and disability discrimination, wrongful termination, and many others. 

If your case involves multiple concerns about your employment, we can ensure to include all the relevant issues in your claim.

To fully develop your case, we’ll need copies of your pay stubs and evidence of the additional time you worked. Often, employers use time-tracking systems when determining the pay for their employees. If you have documentation of your time through these systems, it will help prove your case.

Additional evidence, such as statements from family and friends, can assist in proving your case. We’ll also examine the full details of your role within the organization, including your duties and responsibilities, to ensure your employer has classified you appropriately as a non-exempt employee.

An exempt employee receives a salary above minimum wage laws. The Fair Labor Standards Act (FLSA) does not require employers to pay exempt employees overtime. An exempt employee will fit into specific categories: executive, professional, computer, administrative, or outside sales.  

Non-exempt employees do not receive a salary, and their roles do not fit into the FLSA’s classifications for exempt workers. Non-exempt employees are entitled to overtime after they work more than 40 hours per week. Examples of non-exempt employee roles include restaurant workers and customer service agents.

You can file a complaint with the federal government under the FLSA for up to two years following your employer’s initial violation of the overtime law. If you can prove your employer acted willfully in their decision to underpay you, the FLSA extends the time limit to three years.

Under Florida law, you may file a civil lawsuit four years after the initial underpayment or five years if the employer’s actions were willful.

Once your employer recognizes your intent to sue them for unpaid overtime, they have up to 15 days to resolve your complaint by paying you the amount you are due. If they disagree with your complaint, your attorney will discuss the matter with them to understand their concerns.

If the employer refuses to pay your unpaid overtime within the 15-day time limit, you may receive liquidated damages equal to the outstanding amount. 

Any case involving other employment infractions like retaliation or discrimination will take longer to resolve.

Your attorney will advise you on the timeline for resolving your case and the potential of completing it through settlement or in court.