Fort Lauderdale Overtime Lawyer

Fort Lauderdale Overtime Lawyer

Wage and hour overtime disputes occur when employees are not properly paid for their extra work or are misclassified in order to not be paid overtime. Complaints by employees help protect their financial interests and result in an employer paying significant back pay. Both employers and employees can benefit from a Fort Lauderdale overtime lawyer, ensuring that employees are accurately classified and navigating the process of a wage and hour violation claim.

Effective Legal Representation for Wage and Hour Cases

The Law Offices of Gary A. Costales, P.A., can represent employers and employees in wage and hour disputes. This includes negotiations prior to litigation and trial. Our board-certified attorney is skilled in employment law, and our team wants to provide employers and employees with accessible and diligent legal representation.

Our firm can help employees stand up for their rights. You deserve to be paid fully for the work you do. If you believe you are not being fully paid for overtime or are dealing with other wage and hour violations, our team can help you gather evidence and file a complaint with the right agency. We fight for the back pay that you are owed.

Employers can benefit from a wage-and-hour attorney when an employee makes a complaint, but see many more benefits by working with an attorney before a complaint happens. Our firm can review your employees, how they are classified, and the hours they work to ensure that all employees are being paid what they are owed.

Overtime and Wage and Hour Disputes

Overtime pay under federal law is at least one and a half times the employee’s typical rate. The current Florida minimum wage is $13.00 per hour, making the minimum overtime payment $19.50 per hour for each hour a non-exempt employee works over 40 hours in a work week. When an employee is only paid at their regular rate for overtime work, they are owed that unpaid compensation and can file a complaint for what has been wrongfully withheld from them.

Employees need to be aware of their rights to overtime pay, and employers must be aware of their obligations to provide employees with the compensation they deserve.

What Employees Are Not Owed Overtime?

Some employees are exempt from overtime requirements. Unfortunately, this fact can often lead to non-exempt employees being misclassified as exempt, denying them the overtime they are owed. This can happen due to employer oversight or intentional misclassification. It is crucial that all employees and employers are aware of what an exempt employee is.

An employee is considered exempt from overtime pay if their work includes the following responsibilities, they receive a salary, and they make over a certain amount in a week:

• Executive. This is a managerial job, requiring the direction of a minimum of two other employees who work full-time, the use of independent judgment, and discretion or recommendations for hiring and firing.
• Professional. This is when an employee has advanced knowledge in the field as a learned or creative professional and uses independent judgment and discretion.
• Administrative. This is non-manual labor or office work that requires significant independent judgment and discretion relating to important business decisions or making important choices regarding money.

An employment attorney can help both employers and employees understand how these definitions impact an employee’s classification.

Helping Employers Avoid Litigation and Costly Claims

Complaints and investigations for unpaid overtime can be expensive and time-consuming for employers. The most effective way to avoid this is to review the status of your employees, determine who qualifies for overtime pay, and ensure you provide that overtime payment.

Some employees are exempt from overtime pay, either due to their job duties or because they are not considered employees. Working with an employment attorney can ensure you know which of your employees are entitled to overtime pay and when. This can help you avoid future issues with unpaid employees, including litigation.

FAQs

The Law Offices of Gary A. Costales, P.A., Can Help

If you are an employer or an employee in Fort Lauderdale dealing with uncertainty about wage and hour laws, our firm can help you. Contact the Law Offices of Gary A. Costales, P.A., and determine accurate employee classification or more successfully navigate a complaint for unpaid overtime.