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Orlando Overtime Lawyer

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Orlando Overtime Lawyer

Orlando Overtime Attorney

Working late nights, weekends, or extra shifts should mean extra pay, but too often, it doesn’t. If you’re putting in more than 40 hours a week and your paycheck isn’t adding up, it could be time for an Orlando overtime lawyer to step in.

At the Law Offices of Gary A. Costales, P.A., we have extensive experience handling complex overtime law cases, and our goal is to stand up to unfair employers while fighting to make sure your overtime pay ends up in your pocket.

About Us

At our firm, we apply over 20 years of dedicated employment law experience to each case we handle. With a background as a former EEOC trial attorney and as one of the few attorneys in Florida Board Certified in Labor and Employment Law, Gary A. Costales pairs unmatched strategy with personalized attention to ensure that every client gets the attention and dedication they deserve.

Common Overtime Law Cases We Handle

Orlando workers are protected under the Fair Labor Standards Act (FLSA), which mandates overtime pay at 1.5 times the regular rate for hours worked beyond 40 per week. In 2023, the U.S. Department of Labor recovered over $120,000 in back wages for 24 Orlando restaurant workers who were wrongly denied overtime pay. Employers must keep accurate payroll records and comply with both federal and Florida wage laws, including minimum wage and overtime requirements for non-exempt employees.

With 24% of temporary workers reporting that they didn’t receive overtime pay, 2.4 million workers filing claims every year, and over $1 billion in backpay recovered by the DOL’s Wage and Hour Division, understanding the types of cases that fall under overtime laws is important for any employee who thinks they might be owed additional compensation.

Our legal team has extensive experience representing clients in a wide variety of overtime law cases. Some of the most common situations include:

  • Misclassification of employees, where employers wrongly label workers as exempt from overtime to avoid paying additional wages
  • Failure to pay for hours worked, where workers aren’t compensated for time spent working beyond the standard 40-hour workweek
  • Rounding or inaccurate timekeeping, where improper methods are used to record hours worked, resulting in unpaid overtime
  • Off-the-clock work, where employees are expected to perform duties before or after their official shift without being compensated
  • Dual roles or additional duties, where employees perform multiple roles that increase total hours worked, but aren’t compensated

We’re committed to holding employers accountable and helping our clients recover the wages they’ve rightfully earned. Contact us today to schedule your consultation.

Compensation You Could Be Entitled To

If you’ve been denied proper overtime pay, you could be entitled to several forms of compensation under Florida’s overtime laws. The exact amount and type of recovery depend on the specifics of your employment and the hours you worked, but damages could include:

  • Back pay, including payment for all overtime hours you weren’t properly compensated for, often calculated at one and a half times your regular rate
  • Liquidated damages, where employers could be required to pay an additional amount equal to the unpaid wages as a penalty for violating labor laws
  • Interest, including compensation for the time your wages were withheld, which might accrue from the date the overtime was due
  • Other remedies, which could include—depending on the specifics of your case—reinstatement of benefits, or adjustments to your employment classification to ensure future compliance

Understanding the full scope of potential compensation is important when you’re pursuing a claim. Our legal representatives work diligently to make sure our clients recover all wages and benefits they’re entitled to and get them the justice they deserve.

Hire an Overtime Lawyer: Why Representation Matters

We understand the intricacies of both federal and Florida labor regulations, and we know how to build a compelling case that maximizes your recovery.

By choosing our team, you gain a local advocate who’s familiar with the procedures and personnel at local courthouses, including the Orange County Courthouse, the Downtown Orlando Judicial Complex, and nearby federal courts. This knowledge allows us to efficiently navigate the system, anticipate potential challenges, and present your case efficiently.

When you hire an Orlando overtime lawyer from our team, you gain a committed local partner. At our law firm, we make it our mission to ensure every employee receives the protection and pay they’ve earned.

Call For A Telephone Consultation

Call (786) 446-7288 for a telephone consultation with our office or use our contact form to tell us more about your situation.

FAQs

Can I Be Paid Overtime for Working Through Lunch Breaks if My Employer Requires It?

Yes, you can be paid overtime for working through lunch breaks if your employer requires it. Scheduled lunch breaks are required, and time spent working through them counts as compensable hours under overtime laws. Many employees are unaware that missed or interrupted breaks can entitle them to additional pay, especially if these hours push them past the standard 40-hour workweek.

Are Remote Workers Eligible for Overtime if Their Job Is Technically Salaried?

Some remote workers are eligible for overtime. Remote work doesn’t automatically exempt an employee from overtime, and salaried status alone doesn’t determine eligibility. It depends on job duties and classification, and many remote employees who perform non-exempt duties can claim overtime for hours exceeding 40 per week. In order to bring a case, proper documentation of your hours worked is essential, as our team can make sure your hours are accurately assessed.

What Happens if My Employer Claims I Was On-Call but They Never Called Me?

On-call status can have a major impact on overtime claims. If your employer claims you were on call but they never called you, and you never performed work, some of those hours might not count for overtime. If restrictions imposed by your employer limited your ability to use your time freely, you could still be entitled to compensation. Our team can investigate your claim to determine what counts toward payable overtime in accordance with state and federal guidelines.

Can I Combine Multiple Jobs for Overtime Purposes if They’re With the Same Employer?

Yes, you can combine multiple jobs for overtime purposes if they’re with the same employer, as hours across all roles can be combined to calculate overtime. Misclassification or separate payrolls can cause employers to overlook this requirement. Our team can make sure your total hours worked are properly evaluated and that any unpaid overtime is claimed. Proper legal representation increases the likelihood of recovering wages owed across all roles.

Taking Action: Protect Your Rights With an Orlando Overtime Attorney

If you believe you’re owed overtime compensation, your first step should be to consult an experienced Orlando overtime attorney. At the Law Offices of Gary A. Costales, P.A., we can help you determine whether your role qualifies for overtime, calculate your potential back pay, and guide you through the process of recovering what you’re owed.

Contact us today to schedule a consultation.

Miami Office

1533 Sunset Dr Suite 150
Miami, FL 33143

Boca Office

1200 N. Federal Hwy. Suite 200
Boca Raton, FL 33432

 

 

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