Wage and Hour Law

Are You Being Paid Fairly?

Employers who avoid paying their employees fairly are probably more common than you might expect. If you have experienced any of the following, your wages have probably been underpaid:

  • You have been denied overtime pay because it was not approved in advance.
  • You have been denied overtime pay because your employer carries all hours you work (over 40) into the next week and pays you straight time only, or credits you with “comp time”, instead of wages for overtime work.
  • You were asked to eat at your desk while answering the phone or performing other work, but were not paid for your lunch break.
  • You did not receive overtime pay for working more than 40 hours per week as a cook or a waitress because you were told that you receive a salary, not hourly pay.
  • Your boss told you that you are an “independent contractor” and therefore does not pay you overtime or provide benefits.
  • Your work was considered “off-the-clock” when you attended business meetings.
  • You were not paid for extra time spent preparing to open or close a business.

These are all examples of how employers take unfair advantage of their workers. If reading this list makes you to think that your rights to compensation have been violated, please call my office today to schedule a consultation. The Law Firm of Martin L. Leibowitz, P.A., helps employees recover unpaid wages and overtime pay. I would welcome the opportunity to answer your questions about wage and hour laws.

Your Wage and Hour Rights
Information Your Employer Never Wanted You to Hear

Don’t make a move until you read this special bulletin on your wage rights in Florida!

Call the Law Firm of Martin L. Leibowitz, P.A., at (904) 384-8878 for a copy today!

Understanding Wage Laws - What Are You Entitled to?

The definition of “wages” is straightforward:  Money paid or received for work or services by the hour, day, or week. Unfortunately, in many cases the reality of receiving your fair wages is often neither straightforward nor forthright. Many employers cheat workers out of money - sometimes by mistake, but sometimes intentionally. To guard against this, you must be familiar with your rights under both federal and state employment laws. Because these laws are complicated, you should immediately contact an attorney if you suspect you are not receiving your full and fair wages.

Federal and state laws set the hourly minimum wage for employees. Here in Florida, voters overwhelmingly increased the minimum wage to $6.67 per hour, which is higher than the new federal minimum wage of $5.85 per hour (effective July 24, 2007).

Overtime pay is also regulated by law. When you work more than 40 hours in any one week, the federal Fair Labor Standards Act (FLSA) requires that you receive time-and-a-half, or 1½ times your normal pay rate, for each hour (over 40) that you work.

These state and federal laws seem fairly simple; you work a certain number of hours and receive a certain amount of money in return. But how these laws are applied in real life can quickly become complicated, as certain minimum wage and overtime rules do not necessarily apply to all employees. Certain employees are excluded—the legal term is “exempted”—from these laws. These exclusions are rather complicated and often, create confusion for both employers and employees in understanding whether a specific job is exempt. This confusion can ultimately clear the way for unscrupulous employers to cheat their employees. Let’s face it, if your employer says you don’t qualify for overtime pay, it will be difficult for you to argue.

It is not uncommon for “salaried” employees to discover that their jobs are misclassified and that they are indeed entitled to overtime pay. It is, therefore, wise to investigate when your boss tells you that you do not qualify for overtime because you are a salaried employee. In many cases, this is simply untrue. There are many examples of salaried employees who must, according to Federal law, be paid overtime wages for all work performed over 40 hours per week, but are not because their employers are trying to save a buck.

However, even the most well-meaning and honest employers can misinterpret these complicated laws, when determining which employees are entitled to minimum wage and overtime pay. Thus, if you have even the slightest concern that your employer is improperly paying your wages or salary, it is worthwhile to investigate. You may well be entitled to unpaid hourly wages, minimum wages, and even time-and-a-half wages, as well as penalties, interest, and attorney’s fees.

Wage and overtime laws are easily violated, and to make things more difficult, the State of Florida does not maintain a state agency to enforce wage and hour laws. It is up to you to protect your rights, which is why you need a lawyer who focuses on wage and hour laws to help determine the right course of action.

 

What Do You Do Next?

Don’t wait! If you suspect you have been the victim of a wage or overtime violation, come see me for your free Wage Rights Analysis, so you may determine the best course of action. This is the first step in securing your rightful legal wages.

You will meet with an attorney one-on-one and complete your Wage Rights Analysis. This free comprehensive Analysis will provide information from which you may make an informed decision.

As a lawyer with more than 24 years of experience, I understand what it means to fight for my clients. When your livelihood is involved, it is normal to feel somewhat intimidated when approaching your employer to question past wages, let alone to commence legal action. That is why I want to help you understand the law, as well as all available options, before you make your decision.

Through this Analysis, you will learn about your wage rights. If you decide to proceed, I promise to vigorously pursue your rights. If you decide against pursuing legal action, the time will still have been well spent, as you will leave with the knowledge necessary to ensure that your employer will not take advantage of you in the future. Contact the Law Firm of Martin L. Leibowitz, P.A., today for a free Wage Rights Analysis. This is a no-lose opportunity to receive an objective evaluation of your situation. Call (904)384-8878 today.

 

Frequent Questions for Wage and Hour Law:

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