Tampa Overtime Lawyer

Tampa Overtime Attorney

If you’re working more than 40 hours a week and not receiving proper overtime pay, contacting a Tampa overtime lawyer is the first step towards ensuring you get the pay you’ve earned and protecting your rights under the law.

Understanding Overtime Laws and How They Affect You

Unpaid overtime is one of the most common employer-based wage violations across the nation. In 2024, the U.S. Department of Labor recovered nearly $127 million in back wages owed for overtime violations. Without legal protections, that money would never reach the pockets of tens of thousands of workers.

Florida does not have any overtime laws of its own, but for Tampa employees, the Fair Labor Standards Act (FLSA) protects all non-exempt workers to overtime pay for any time worked beyond 40 hours in a workweek.

The FLSA guarantees that all non-exempt employees are entitled to the following:

• Accurate timekeeping
• Time-and-a-half pay after 40 hours in a workweek
• The right to file wage claims with federal agencies
• Protection from retaliation for asserting wage rights

For Tampa workers, these protections guarantee your paycheck reflects the long hours of hard work and dedication you put into your job.

What Counts as Overtime Pay in Florida

Recent data revealed that U.S. workers clocked a record 296.7 billion work hours in 2024. Florida is among the Top 10 most worked states, with a 22% increase in hours worked since 2007. These numbers show that more Florida employees are working beyond full-time schedules than ever.

According to FLSA law, non-exempt employees are entitled to time-and-a-half for every hour worked over 40 in any given workweek. However, many Tampa employees don’t always realize that some of their hours might qualify for overtime. It is not uncommon to see overtime cases with disputes over hours worked but not recorded. Understanding what is considered overtime pay is essential to ensuring you get the money you earned.

Hours that count toward overtime pay include:

• Pre-shift and post-shift work
• Mandatory training, meetings, or job-related events
• Short rest breaks between 5-20 minutes
• Some meal breaks are not fully relieved of duty
• Job-related travel during the workday
• Some on-call time where the employee is restricted

If you believe your employer is withholding your wages, hire an overtime attorney who works to reclaim your income.

Who Is Eligible for Overtime Pay in Tampa

Under the 2024 revised salary threshold, more than one million new workers became eligible for overtime pay. As longer hours become more common, Tampa employees need to know whether they are entitled to overtime compensation for their work, and according to the FLSA, exempt workers are not eligible for overtime pay.

Three factors are taken into account when determining whether or not an employee is considered exempt: salary basis and amount, job duties or level, and the type of expected daily work. Simply put, exempt workers are salaried employees who perform high-duty jobs.

Types of exempt employee job duties include:

• Managing a business or department
• Performing essential office work is essential to running the business
• Work that requires advanced knowledge
• Certain computer duties, like data analysis or programming
• Outside sales work

Non-exempt employees are entitled to overtime because their duties, pay level, or job role do not qualify them for exemption status.

Non-exempt employees usually include:

• Hourly workers
• Retail associates
• Restaurant servers, cooks, and bartenders
• Hospitality workers
• Construction laborers
• Call Center representatives
• Healthcare support staff
• Office assistants
• Warehouse and logistics workers
• Drivers

If you’re unsure whether you qualify for overtime under the law, contact an experienced Tampa overtime attorney qualified to answer any of your questions.

Why You Should Hire an Overtime Lawyer in Tampa

If you believe your overtime is incorrect and you are owed back pay, hiring an overtime lawyer provides you with a powerful legal representative who fights against employee miscalculation, record-keeping violations, and wage theft. At the Law Offices of Gary A. Costales, P.A., our experience spans more than two decades of Florida employment law.

Gary A. Costales is a former EEOC trial attorney and one of the small number of attorneys in Florida Board Certified in Labor and Employment Law, credentials earned by less than one percent of lawyers in the state. Our firm knows how to handle complicated evidence and secure proper compensation for our clients. Our team stands ready to support you when you are ready.

FAQs

Contact a Tampa Overtime Attorney Today

When your paycheck doesn’t reflect the hours you’ve worked, you need an advocate who understands Florida employment law at the highest level. Gary A Costales is a former EEOC trial attorney and one of the few lawyers in Florida Board Certified in Labor and Employment Law. Our team is dedicated to obtaining the proper compensation for Tampa workers. Contact us today at the Law Offices of Gary A. Costales, P.A., to pursue your wages.