Miami Unpaid Overtime

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Overtime Definition

Overtime refers to any hours worked by an employee after he/she has completed 40 hours (usually 8 hours, 5 days a week), according to a company's standards. Hours are calculated over a whole week, not on a daily basis.

For instance, an employee who works 10 hours on Monday and then works seven hours a day for the next four days of the week, is not considered to have worked overtime. In addition, a week can be defined by the employer as any seven consecutive days, each day consisting of a period of 24 hours.

There are some exceptions to these rules of overtime, which only apply under special circumstances, such as police personnel, firefighters, employees of hospitals and nursing homes, and so on. If you work in one of these fields, you should check the company's overtime standards.

Knowing About Unpaid Overtime in Miami Florida

The FLSA, which regulates labor standards in the United States, does not require that employers assign extra payment to employees working overtime. The employee has the right to receive the payment, which will be one and a half times the regular hourly for all hours exceeding the 40 hour workweek. The FLSA does not obligate employers to provide extra pay for weekends or holidays, unless the employee has worked over 40 hours that week.

Employee misclassification is a strategy to reduce payroll. Some employees who should be paid hourly are paid a salary, which allows the employer to have an employee working countless hours with no overtime pay. Other employers offer overtime pay as a cash payment.

Miami Unpaid Overtime

There are many cases where a company's ignorance or greed prevents compensation for those overtime hours to which the employee is entitled.

Looking at some of the following examples should help you determine whether you or another employee is not being compensated for overtime work:

  • You or someone else only gets paid for 40 hours, even though you are aware that you worked many additional hours
  • You have noticed that your hours are being modified
  • You are being required to continue working after your work schedule
  • You are told you will get paid for those hours the following week, that it was an accounting error
  • You are not given your paystub.

You should also claim for Unpaid Wages if you think your employer has done any of the following violations:

  • You get paid less than minimum wage.
  • Receive more than minimum wage, but your employer requires additional tasks before completing your schedule and is not paying overtime.
  • You are not given a 30 minute break, even though you are entitled to it.
  • They deduct your break even when you have not taken it.

If You Have Worked Overtime, You Deserve To Be Rewarded

Overtime violations are seen daily in many companies throughout the United States. Florida state law and federal law are very clear in stating that workers who work more than 40 hours a week are allowed overtime. Some common tricks are used by employers to avoid paying employees overtime, including assigning work outside of working hours or classifying their status as exempt from overtime laws. Attorneys who specialize in these types of cases can help you and your co-workers get compensation for any unpaid overtime.

Attorneys in Cases of Miami Unpaid Overtime

Lawyers who work on cases of unpaid overtime play an important role for many victims of employers who do not comply by the laws in Miami Florida. At Gallardo Law Firm our lawyers will help you or a loved one who has been the victim of an employer who has taken advantage in order to obtain benefits from your work. The most common issue is an employer who does not pay what is stipulated by wage and hour laws.

Do not be afraid to claim for this injustice, which not only affects you but also your family. It is important to work from the beginning with attorneys in cases of unpaid overtime in Miami Florida because they have knowledge about the laws of the state and can guide you in the legal process. They will ensure that you are fairly compensated for your financial losses and end the process as quickly as possible. These cases can become a complex legal process which requires the special attention of a lawyer in order to win your case.

About Gallardo Law Firm

Gallardo Law Firm has defended the rights of many individuals in our community and beyond who have chosen us to represent them. Our attorneys are highly qualified representing different types of cases of unpaid overtime. For many individuals, these cases turn out to be painful and overwhelming. Our goal at Gallardo is to find the answers to your particular case and make your life stress-free.

Our lawyers in Miami have all the professional knowledge to handle your case and look for your best interests. If you are having issues of unpaid overtime with your employer, do not hesitate to find the answers you need. Meet today with one of our attorneys, they will provide legal representation in your case.

Eligible employees who work more than 40 hours in a week must be paid one and a half times more than their regular wage for each hour worked in excess of forty hours. For more information about whether or not you are eligible to receive overtime pay, you can consult an attorney who specializes in labor laws. If state and federal overtime laws apply, the employee is entitled to the protections that apply depending on their overtime rights. The Population Division of the Department of Labor enforces overtime laws; however, many states have their own laws regulating overtime or you may not be covered under federal law for another reason. If this is the case, you should contact your state agency that is responsible for violations of wage and hour standards.
According to the Federal Fair Labor Standards Act (FLSA), employees should be paid minimum wage during regular working hours and also should get overtime pay when the total weekly hours are over 40. The state of Florida follows the rules of the FLSA on overtime, which can be summarized as payment of time and a half of all hours worked over 40 hours in any regular work week. Overtime usually can be calculated by multiplying your regular pay rate by 1.5.
It is a common myth of overtime law that salaried employees cannot earn overtime pay. In fact, whether an employee is paid by the hour or has a salary is unrelated to overtime. Having a salary only means that you get paid the same amount each payment period. The overtime eligibility is determined by the type of employment; basically whether you are an exempt or nonexempt employee.
Your job title does not determine eligibility for overtime pay. On the contrary, wages, duties and occupations are what determine if you can earn overtime pay. In general, any employee who makes an annual salary of less than $ 23.600 can be granted overtime pay. Similarly, non-managerial employees who perform manual or repair work, secretarial, kitchen or office work are usually allowed to receive overtime payments. With some exceptions, all hourly employees should be entitled to overtime. Some exceptions include those who travel regularly and workers who are granted commissions. Salaried employees who earn less than $ 455 per week are granted overtime. Salaried employees who earn more than $ 455 per week of work can also receive overtime. This usually includes executive, professional, administrative or computer-related occupations.
An employer may only deduct breaks exceeding 20 minutes and which are actually taken and not simply programmed.
The label independent contractor should not interfere with whether or not you receive overtime pay. However, the relationship you have with your boss and the nature of your job functions do matter. A qualified and knowledgeable attorney in overtime law can advice you in this type of situation.
Since January 1st, 2014 the Florida minimum hourly wage is $ 7.93. For tipped employees, the minimum paid in cash wages is $ 4.91 an hour.
The law is on your side under the FLSA and there are severe penalties for employers who retaliate against employees for unpaid wages claim.
If your workplace does not have any guidelines established in relation to overtime pay, this could be an indication that your employer does not pay you and your colleagues fairly. This could be intentional or by mistake, depending on whether they are familiar with the law or not. If you feel you have not been paid correctly, you should contact an attorney to discuss your case and get the compensation you deserve for your time worked.
The first thing you should do is keep track of your hours and any expenses that are a result of not receiving your check on time. The next step would be to speak to your employer to find out why this is happening. This way you can determine if this was just the result of a processing or banking error, or if it is the case that your employer has no intention of paying for the hours you worked. Many times employers and banks will cover any incidental expenses you had as a result of the delay. Each state has different employment laws that regulate wages and hours and which require the employers to pay you at regular intervals, usually weekly or biweekly. When an employer violates these laws they can be sanctioned and this could even result in criminal proceedings. In the case that you are not covered by federal employment law you should contact a lawyer who specializes in this type of law immediately. They will know how to proceed with your case and explain all your rights. The Federal law that states that you will be paid at least minimum wage for all hours worked is imposed by the United States Department of Labor. However, this law will not protect you when you receive at least the minimum wage for the hours you worked, even if you did not get paid as agreed. In case your state does not have any specific law on this kind of situation, your best option is to consult with an attorney who specializes in employment law. You may want to take action against your employer in a small claims court depending on the amount you are owed for your work.