Results may vary depending on your particular facts and legal circumstances. The attorney featured above is licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
Overtime Attorney in Tampa
Fighting for every client with the power of America's Largest Injury Law Firm.
Results may vary depending on your particular facts and legal circumstances. The attorney featured above is licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
Florida Personal Injury Lawyers
We’re proud to fight for our neighbors. Meet the attorneys from your community.
100,000+ Five Star Reviews
The reasons why clients trust Morgan & Morgan.
Based on select nationwide reviews.
Results may vary depending on your particular facts and legal circumstances.
Our Results
Results may vary depending on your particular facts and legal circumstances.
How It Works
Focus on your recovery. We'll take care of the rest.
Submit your free evaluation
Start your claim
Meet your legal team
We fight for more
Results may vary depending on your particular facts and legal circumstances. The attorneys shown in these photos may not be licensed in your state. To find an attorney licensed in your area, please visit our attorney page.
Local Care
Backed by America’s Largest Injury Law Firm.
$25 Billion
Recovered for clients
nationwide700,000+
Clients and families
served1,000+
Attorneys across
the country1
Click may change your life
We know your pain.
John Morgan’s brother Tim was injured as a teen. Their experience with a lawyer was a nightmare. John spent 35 years building a firm to do better for families like his. And yours.
The attorney featured above is licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
Results may vary depending on your particular facts and legal circumstances.
Learn More
Injured and not sure what to do next? We'll guide you through everything you need to know.
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
Overtime and Minimum Wage Laws in Tampa
Florida has state minimum wage laws that differ from the federal minimum wage outlined by the Fair Labor Standards Act (FLSA). As of Jan. 1, 2017, our state’s minimum wage is $8.10 per hour. For tipped employees, the minimum wage is $5.08 per hour. Non-exempt employees are entitled to an overtime rate of not less than time-and-a-half for all hours worked over 40 per week. This means the overtime minimum wage in Tampa — along with the whole of Florida — falls at $12.15 per hour.
What Makes an Employee Exempt From Overtime?
Under the FLSA, all employees must be paid overtime wages for all time worked over 40 hours per week, unless they are exempt employees. Most exempt employees occupy “white-collar” roles such as administrative, executive, computer professionals, outside sales. But job title isn’t enough to classify an employee as exempt or non-exempt. Exempt employees must also pass certain qualifications to determine their overtime coverage.
The first one, the duties test, stipulates that exempt employees must perform high-level work, such as supervising employees, running a business, exercising independent judgment. “Learned professionals” that have academic degrees such as engineers, doctors, teachers, architects, registered nurses, accountants, and other professions that require advanced knowledge, are also exempt. Beyond the job duties test, any worker who makes a salary of less than $23,600 per year or $455 per week is automatically entitled to overtime.
Common Types of Wage Theft in Tampa
Wage theft can take many forms, and it is not always obvious to employees that certain business practices they may have viewed as acceptable are indeed labor violations. The most common types of wage theft in Tampa, a city known for its booming tourism, hospitality, finance, and healthcare industries, include:
Denial of Overtime: Not paying the overtime rate of time-and-a-half to non-exempt employees who work any hours over 40 per workweek is considered a denial of overtime.
Misclassification: Some employers will misclassify their workers as independent contractors, as opposed to employees, in order to avoid paying benefits and protections such as workers’ compensation, overtime, medical leave, and more.
Working “Off-The-Clock”: Employers may ask workers to complete work before or after punching out, otherwise known as working “off-the-clock.” This is illegal. Any job duties performed by the worker, even small tasks such as cleaning up, must be paid for.
Illegal Deductions: Requiring an employee to reimburse their employer for shortages in the register, cover the cost of customers who walk out on their bills, and other subtractions from a worker’s paycheck that places their pay below the minimum wage are considered illegal deductions. The FLSA also protects employees from retaliation when they file a formal complaint about their employer, whether that complaint involves wage theft, discrimination, or other workplace violations.
Sadly, retaliation is still a fact of life for some employees, and claims for workplace retaliation are on the rise, according to data from the Equal Employment Opportunity Commission. If your employer does retaliate against you after you have filed a formal complaint, our attorneys may be able to help you get justice and recover compensation.
How Can a Tampa Overtime Attorney Help You?
Our overtime attorneys in Tampa work on a contingency-free basis. This means that you will not pay any upfront costs or consultation fees. You will only pay a reasonable fee if your attorneys are successful at winning your case and recovering compensation. If you don’t win, we don’t get paid. No one should go unpaid for their hard work.
If you believe you are a victim of wage theft, our overtime attorneys in Tampa may be able to help. Fill out our free, no-risk case evaluation form today. You may be entitled to compensation.