Miami Overtime Lawyer

Miami Overtime Lawyer

Overtime disputes are a type of wage and hour claim when an employee who is owed overtime payments does not receive them. A Miami overtime lawyer can help employees navigate claims for unpaid overtime or help employers resolve their employees’ claims efficiently. A lawyer can also help employers avoid these claims preemptively by ensuring employees are classified correctly and their hours properly calculated.

Employees have the right to be paid for the work they complete. Filing a claim for unpaid overtime helps employees protect themselves and ensure they recover the wages they rightfully earned. It can be costly for employers, particularly if the case enters litigation. Ensuring employees are compensated fairly is the most effective way to avoid these costs.

The Experience You Want On Your Side In Wage And Hour Disputes

At the Law Offices of Gary A. Costales, P.A., in Miami, we represent both employees and employers in prelitigation and litigation of wage and hour matters, including overtime pay disputes. We handle cases in state and federal courts. We represent clients in Miami, and throughout the state of Florida. We also handle class actions throughout the United States. Our firm’s attorney is an expert in employment and labor laws, certified by the Florida Bar.

We are dedicated to supporting employee rights and helping individuals protect their financial future by providing exceptional legal representation for those who have been unable to recover their full wages. If you have been denied overtime payment, have been misclassified as exempt from overtime, or are dealing with other wage and hour violations, we can help. We help you recover the back pay and wages you deserve.

Employers can avoid the issues of overtime claims by ensuring they have accurately determined exempt and nonexempt employees. Our experienced team can help employers with this process. If an overtime claim has occurred, the Law Offices of Gary A. Costales, P.A., can protect employer interests by working to resolve disputes effectively and with minimum impact on your company.

Wage And Hour/Overtime Law Disputes

Employees frequently struggle to receive proper pay for overtime hours or are not even paid the minimum wage required by law. For employers, having an attorney to communicate with disgruntled employees may provide the needed buffer and legal protection you desperately seek. Employers must be aware of their obligations to their employees, and legal support can help.

Overtime pay must be one and a half the employee’s normal rate and applies to any hours the employee works over 40 hours in a work week. The minimum wage for the state of Florida is $13.00 per hour, so the overtime rate is $19.50 per hour. If an employee is nonexempt from overtime and is not receiving this payment, they can file a claim for this violation of their rights.

At the Law Offices of Gary A. Costales, P.A., in Miami, we often speak with employees who have no idea they have a legitimate claim for unpaid overtime work. Often, a person comes to us regarding a completely different matter and only realize later they have a claim for unpaid overtime wages.

Pre-Litigation And Litigation

In many instances, representing employees in wage and hour cases is as simple as writing a letter to an employer and notifying them of our client’s request for overtime pay. However, when a wage and hour matter requires litigation, our office will aggressively pursue your rights at trial. With more than 20 years of employment law experience, our founder, Gary A. Costales, has the trial experience to fight for your rights and interests.

How Does a Lawyer Help Me With My Overtime Claim?

Whether you are an employee or an employer, it is incredibly useful to work with a skilled employment attorney, especially if there is a valid claim for unpaid overtime.

If an employee is not paid properly and their employer refuses to provide them with that payment, they can file a complaint with the Wage and Hour Division of the U.S. Department of Labor to begin an investigation of the employer’s practices. When you work with a lawyer, they can help you draft this complaint, including the proper and useful information in the complaint. This can help the complaint and any resulting claim be more successful.

An employer dealing with a claim for unpaid overtime can also benefit from an attorney. Investigations of unpaid overtime are time-consuming and can affect your reputation as a business or employer. An employment lawyer could prevent these issues before they happen and can also represent you in proceedings. During an investigation or a claim, an attorney can help you find a fair resolution that protects your interests as an employer.

Employees Exempt from Overtime

There are certain employees that do not need to be paid for overtime work. Employers may exploit this fact to misclassify nonexempt employees as exempt, and this is the common basis for an unpaid overtime claim. An exempt employee is one who meets all of the following qualifications:

• They earn a salary rather than an hourly wage.
• They meet the minimum salary requirement of a certain amount per week.
• Their job duties primarily include work that is executive, professional, or administrative. This typically refers to work that includes the use of independent judgment, discretion over hiring and firing, important business decisions, or advanced knowledge in a specific field.

It is crucial that both employers and employees understand what makes an employee exempt from overtime and review the classification of employees to ensure it is accurate. If you are an employer or employee and are unsure how these definitions impact you or your employees, a knowledgeable employment lawyer can help.

FAQs

Your Solution Starts With A Phone Call

If you are an employee or employer with a wage and hour or overtime law matter, call our office for a free consultation at 786-446-7288. If you have a question regarding an overtime lawsuit, you may also contact us online.