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Overtime Attorneys in West Tampa, FL
During the Great Depression, President Franklin Roosevelt and the United States Congress worked in tandem to push through legislation to help Americans address the historic economic malaise. One of the last pieces of legislation to arrive at President Roosevelt’s desk dramatically changed the employer-employee relationship. The Fair Labor Standards Act (FLSA), which became law in 1938, established a national minimum wage to ensure workers earned a manageable living. Within the same landmark employment law, a provision established the standard for employees to earn overtime wages.
Eventually, virtually every state expanded the rights enjoyed by American workers under the FLSA. Most states have raised the minimum wage for employees above the current standard of $7.25 an hour. Several states also have broadened the definition of overtime to include minimum hours worked in a workday instead of a workweek. For example, Florida bases overtime pay for manual laborers on a 10-hour workday; any hours worked each day that exceed 10 hours fall under Florida overtime statutes.
Despite the emphasis on protecting workers from wage abuse, far too many employers bank on the lack of education possessed by workers by continuing to pay substandard wages and refusing to recognize the hours put in that qualify employees for overtime pay. If you believe your employer has violated a state and/or federal wage and hour statute, you should contact one of the best overtime attorneys in West Tampa, Florida. An experienced employment lawyer can help you gather and organize the records you need to prove your employer has violated one or more state and/or federal overtime statutes.
At Morgan and Morgan, our team of employment law attorneys represents clients that receive substandard wages. We ensure manual laborers receive overtime pay for every hour worked after 10 hours per day, which is commonly done by employees that work manual labor jobs in the citrus industry during the growing season. If you have received overtime wages that fall below the threshold set by Florida and federal law, we take action to ensure you receive the wages that you deserve.
Contact one of the overtime attorneys in West Tampa, FL at Morgan and Morgan to schedule a free case evaluation.
Morgan & Morgan
How Does the Fair Labor Standards Act Protect Me Against Wage Abuses?
The FLSA represents the first federal law that addressed employment issues such as overtime and minimum wage. As of 2022, the federal minimum wage sits at $7.25, which has remained the same since July of 2009. Many states and municipalities have elevated the minimum wage well beyond $7.25 an hour. For the first time in American history, the FLSA granted workers the right to take legal action against an employer that violates any provision written into the monumental federal labor law. One type of legal action involves filing a civil lawsuit that seeks monetary damages.
According to the FLSA, American employers must pay an overtime wage that is one and half times a worker’s standard wage. For example, if an employee earns $10 per hour as a standard wage, the same worker’s overtime wage increases to $15 an hour. As the federal agency in charge of enforcing the provisions written into the FLSA, the United States Department of Labor (DOL) defines one workweek as a “fixed and recurring period of 168 hours.” This means that if an employer starts a workweek at 12 am Monday morning, the workweek ends the following Sunday at 11:59 pm. The “fixed and recurring” definition of a workweek means an employer can start a workweek on any day, as long as the workweek stretches for 168 consecutive hours.
Federal employment law does not prohibit employers from requiring employees to work overtime, nor does it restrict the number of hours workers 16 years of age and older can work during one workweek.
What Are the Penalties for Employers That Violate the FLSA?
Employers that violate one or more provisions of the FLSA face two potential outcomes. Because workers have the right to take legal action Against employers that violate the FLSA, the first legal outcome might be the filing of a civil lawsuit that seeks monetary damages. Filing a civil lawsuit represents a costly and time-consuming legal action, which means you should consult with one of the overtime attorneys in West Tampa, Florida from Morgan and Morgan before you initiate the civil lawsuit process. A favorable decision issued by a judge or jury hearing an overtime case might result in the awarding of compensation that includes back pay
The second outcome that penalizes an employer that violates the FLSA gives the DOL the legal power to punish an employer by issuing a fine that cannot exceed $10,000 for every violation. Employers that repeatedly violate the FLSA can face criminal charges as well. The Wage and Hour Division (WHD) of the DOL enforces the provisions written into the FLSA, including deciding the type of penalty to impose on employers that violate the historic labor law.
How Should Workers Report FLSA Violations?
Deciding whether to file an FLSA complaint against your employer can be a difficult decision to make. You should know that your employer cannot take retaliatory action against you, such as reducing the number of hours worked each week, if you contact the DOL to report a wage and hour violation. If your employer has retaliated against you because of a report of an FLSA violation, immediately contact one of the overtime attorneys in West Tampa, FL at Morgan and Morgan to determine the most effective course of legal action.
With your employment attorney providing legal support, you file a complaint against your employer with the WHD. Submit the name and contact information of your employer, including your employer’s email address. The WHD requests your job title, as well as a thorough description of your professional responsibilities. Make copies of wage and timekeeping records to demonstrate how much you have earned, as well as how often you receive compensation from your employer. You describe each wage violation and the frequency in which the violations took place.
What Is Florida Overtime Law?
A vast majority of hourly employees that work in Florida receive overtime pay for every hour worked past 40 hours during one workweek. Florida defines a workweek by using the same workweek definition established by the FLSA. Although some states have set overtime rules for daily work, Florida has yet to pass a law that establishes overtime on a daily basis. However, manual laborers must receive overtime pay for every hour worked above 10 hours per day. Florida also follows the FLSA’s lead by establishing overtime pay at one and half times an hourly worker’s standard wage. As of August 2022, Florida requires employers registered in the state to pay workers a minimum wage of $11.00 an hour. This means a worker who puts in more than 40 hours during a workweek should receive pay valued at $16.50 for each overtime hour.
Should I File a Civil Lawsuit Against My Employer?
One of the most important reasons to hire the team of overtime attorneys in West Tampa, Florida at Morgan and Morgan is to determine whether you should file a civil lawsuit that seeks monetary damages. Filing a civil lawsuit should be the legal action of last resort. Because the judicial system in Florida often experiences considerable delays in processing civil lawsuits, your case might not reach the trial phase of the litigation process until a couple of years have passed since you took legal action. Although the overtime attorneys in West Tampa, FL from Morgan and Morgan do not charge upfront legal fees, you still can lose money because of the time missed from work to participate in the litigation process.
To avoid a costly and time-consuming civil lawsuit, the lawyer you work with from Morgan and Morgan will try to negotiate a settlement with your employer. Your legal counsel submits a reasonable offer that your employer’s attorney can either accept, reject, or send back with a counteroffer. Several rounds of counteroffers can unfold until both parties agree to a favorable settlement or decide to take the case to the trial phase of the litigation process.
What Should I Look for in a Florida Overtime Attorney?
You have now reached a critical step in the process of taking action against your employer: What factors determine the best overtime attorneys in West Tampa, Florida?
Proven Record of Getting Clients Compensated
Although many attorneys define experience as the number of years accumulated litigating employment law cases, at Morgan and Morgan, we define experience as the number of years we have helped our clients receive compensation for violations of the FLSA and Florida overtime laws. For more than 30 years, Morgan and Morgan has provided the legal support required for our clients to fight back against employer wage and hour violations.
Specializes in Employment Law
Working with a litigator who specializes in handling Florida employment law cases ensures you receive the highest quality of legal support. Some attorneys treat employment law as a side business when their legal specialties slow down. At Morgan and Morgan, we have created an entire division devoted solely to employment law, including wage and hour violations at the state and federal levels.
With You From Start to Finish
Many attorneys regardless of legal practice meet with clients for a free case evaluation, only to disappear through the remaining portion of a case. At Morgan and Morgan, the Florida overtime attorney assigned to your case provides legal support from the day of the free case evaluation until the resolution of your wage and hour complaint. When you need legal support to address a step in the litigation process, you will not meet with a paralegal or a less experienced litigator.
You have two ways to communicate with Morgan and Morgan. For general legal questions, you call the 24-hour toll-free number established by our law firm. If you need to contact your Florida overtime lawyer, you can expect a return email, phone call, or text message by the end of the same business day. If you try to communicate with your Morgan and Morgan attorney after office hours, your attorney will get back to you first thing the following morning.
Fight Back Against Wage and Hour Abuses
According to Florida and federal laws, you have the right to receive a minimum wage, as well as overtime valued at one and a half times your standard wage. If your employer has violated a wage and hour law, act with a sense of urgency by scheduling a free case evaluation today with one of the overtime attorneys in West Tampa, FL at Morgan and Morgan.