St. Augustine Overtime

St. Augustine has a fairly robust economy, but some employers still manage to find cause to short their employees on hard-earned pay. Wage theft can occur in a variety of ways, but much of it occurs in the form of not paying eligible employees overtime.

Some of St. Augustine’s largest draws are susceptible to wage theft, including tourism and hospitality. In these industries, employees might be expected to work long hours in general, but especially during beach season when there are more people in town, including tourists and vacationers.

At the Morgan & Morgan office in St. Augustine, our wage and hour attorneys recognize the unfortunate realities of wage theft and are prepared to help you fight for the pay you’ve rightfully earned. Contact us today to find out how one of our attorneys may be able to help.

Who is Protected by the Fair Labor Standards Act?

The state of Florida has no laws regarding overtime pay for workers, but employers in the state must adhere to federal law, specifically, the [Fair Labor Standards Act][1]. The FLSA governs who is eligible for overtime and many other aspects of the employer and employee relationship. The FLSA applies to workers under the following circumstances:

  • Any employee of an enterprise engaged in interstate commerce which has gross receipts of at least $500,000 per year
  • Any domestic worker who earns at least $1,700 per year or works at least eight hours per week
  • Any employee of a hospital or other institution caring for the sick, aged, or mentally ill

Violations Might Not Always Be Obvious

Most FLSA violations are not as clear as having to work more than 40 hours but not get paid the time-and-a-half premium for that extra five or 10 hours.

The majority of Florida wage and hour violations — much like other types of violations — are subtle, and many employees have gone years being deprived of their well-earned cash because of that subtlety. Some common forms of wage theft are listed below.

“Off-The-Clock” Work

Employees are supposed to be compensated for the entire time they are furthering their employer’s business, even if it exceeds 40 hours a week. Yet some employers require their employees to perform work either before clocking in or after clocking out.

This can mean requiring you to do a variety of things, like clean up after your shift, travel through security checkpoints or traverse across a facility to a distant worksite, or putting on extensive safety equipment and uniforms before clocking in.

Fifteen minutes of extra work a day might seem inconsequential, but that’s more than an hour a week, more than a week a year, and up to several months over the course of a career, all unpaid.

Misclassifying Employees

Many people think all salaried employees are exempt from overtime laws, but that is a common misconception.

Bona fide managers, executives, professionals, and administrative workers who exercise their own judgment can be exempt from overtime, and be required to work more than 40 hours per week without receiving any extra pay. Salaried employees that do not qualify for one of these exemptions must be paid overtime unless they earn more than $23,660 a year.

A St. Augustine Attorney Can Help You Understand Your Rights

Losing out on hard earned cash is not just unacceptable, it’s illegal, especially when it comes to overtime. You may be entitled to receive back pay for every hour over 40 you’ve worked at a rate of time and a half, but only if you seek compensation within two years of the incident.

If you believe your employer has wrongfully deprived you of overtime pay, contact us to have your situation evaluated by an experienced St. Augustine attorney.

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