FAQS

How can I afford an employment defense team?

An employment attorney gets paid in two ways:

• a contingency fee or a statutory fee. It is very important that you discuss this with the lawyer you choose so that you can arrange a way to afford their fees. We suggest that you get this information from them and have it in writing that way you are sure of what is happening and what exactly needs to be paid. Gallardo Law Firm has competitive prices for these types of cases.

Can I choose any lawyer?

Because employment laws are so complex and hard to understand, we suggest that you seek an employment attorney who is familiar with employment law and who spends a great deal of time dealing with these specific cases. This is the best way to ensure a successful case or have more probability of winning your case.

How do I know if I am able to get compensated for overtime?

If you are not entitled to compensation for working overtime, your employer should not allow you to work overtime. It is against the law to have laborers working without being compensated for it. A lawyer from Gallardo Law Firm can explain how these types of cases work and the type of compensation you are entitled to receive.

My manager and I are always having disagreements and misunderstandings and I just got fired. Is this considered a wrongful termination?

If your employer has always given you a hard time and you were dismissed without a valid excuse or justifying reason, this can become a wrongful termination case.

Can I sue my employer for physically hurting me?

Absolutely. There is no reason why an employer, coworker or any individual in the workforce should put their hands on another individual or coworker. If this is your case, you should definitely see an attorney immediately.

My employer is not paying for my overtime. What should I do?

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.

What are the overtime laws in Florida?

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.

If I have a fixed salary, does that mean I am exempt from overtime?

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.

What are the rules for overtime in Florida for exempt and non-exempt employees?

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.

If I never took a lunch break or any kind of break during the scheduled break, I can be paid for this time?

An employer may only deduct breaks exceeding 20 minutes and which are actually taken and not simply programmed.

Can independent contractors be compensated for overtime?

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.

What is the minimum wage?

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.

Can I be fired for filing a claim against my employer for wages or unpaid overtime?

The law is on your side under the FLSA and there are severe penalties for employers who retaliate against employees for unpaid wages claim.

What happens if my company does not have an overtime policy?

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.

My employer has not given me a paycheck for the hours I have worked. What should I do?

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.

My employer is not paying for my overtime. What should I do?

Eligible employees working over 40 hours per week should get 1.5 times their regular hourly rate for any extra hours. In order to determine if you are eligible for overtime pay you can meet with one of our attorneys specializing in employment law at Gallardo Law Firm. If state and federal employment laws that regulate overtime are enforced, you could be entitled to certain protections under the law. The Population Division of the Department of Labor is responsible for enforcing laws that regulate overtime pay. In addition, some states have their own overtime law. If for any reason you are not protected under federal law, then you need to contact the state agency responsible for wage and hour violations.

My employer has not given me a paycheck for the hours I have worked. What should I do?

The first thing you should do is keep track of your hours and any expenses that are a result of not receiving your check. 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.

My employer does not pay me minimum wage. What should I do?

The federal minimum wage is $ 7.25 per hour. All remaining states have a minimum that is higher than the federal; Florida is one of these states. If you find yourself in this situation where your employer is not complying with the minimum wage, you should contact the agency in your state which handles wage and hour violations of labor rules or consult a lawyer who specializes in these types of cases to determine whether taking legal action is necessary.

I was missing $ 15.00 from the cash register; will my employer deduct this amount from my paycheck?

Depending on what type of work you do, the answer could be no. Federal law requires that if an employer is to deduct any missing cash from your wages, the discount must be such that it cannot make your salary fall below the minimum wage or in any way reduce compensation for your overtime hours. For example, in the case of an employee who is subject to the legal minimum wage of $ 7.25 an hour and is paid an hourly wage of $ 5.15, the employer cannot make any deductions from wages of the employee to replace the missing box register. However, if the employee earns more than minimum wage, so that deducting the missing amount does not affect the minimum wage, the employer is entitled to deduct the missing cash from your paycheck.

My employer will not pay the promised bonus. What should I do?

The Federal Fair Labor Standards Act does not require your employer to pay for any bonuses; therefore you do not have any rights under this law. However, that does not mean you are unprotected; you may have a contractual right to receive your earned bonus. If you have contractual rights and had a clear agreement with your employer about bonuses, then you can write a letter notifying that you have not been paid for your agreed bonuses. If your employer is still refusing to pay, you can try to claim the bonuses in small claims court if it is a small amount of money or get the help of an employment attorney and start the process in small claims court of your state for higher amounts.

My employer will not pay my earned commissions. What should I do?

The federal Fair Labor Standards Act does not require the payment of commissions, thus employees cannot assert their right to receive a commission. That does not mean you are totally unprotected, if you did not receive the commission you earned working, you may have a contractual right to receive commissions you earned.

My employer has filed for bankruptcy and has not paid for all my worked hours. What should I do?

Whenever a company goes bankrupt, its employees can claim their earned wages and/or commissions. If your wage claim is for $4,000.00 or less and is for a period of 90 days before the bankruptcy filing, you might be eligible for priority. This means that your claim can be paid before other claims. This would include your salary, any commissions, vacation pay, severance, and sick leave. However, if you are claiming more than $4,000.00 in wages/commissions and are not within the 90 day period, you would not be eligible for a priority claim. If it is the case that you continue to work for the company after it filed bankruptcy, you should check with the bankruptcy court to make sure they have approved wage payments in the amount of your salary. Many times the process will require employers to pay reduced wages or even deny payment to all employees until the final distribution of assets has been completed by the court. If you find yourself in this situation where your employer filed for bankruptcy and you have not received your payments or are worried that you may not receive them in the future, we recommend that you speak to an attorney who specializes in employment law. This process can become very complicated and requires special attention. Also it is important that you receive the legal aid before the required deadlines in order to assert your right to a priority wage claim.

What is wage theft?

Wage theft is when an employer pays less or does not pay any wages to its workers. This usually happens with low income workers.

How do I know if my employer is committing wage theft?

There are certain situations that occur which are clear examples of wage theft including employers who do not pay overtime, who force employees to work outside of their regular working hours, pay employees less than the minimum wage established by law, or make unlawful deductions on the employee's paycheck. There are some questions you should be asking yourself if you believe you may be a wage theft victim, such as:

• Are you working over 40 hours and still do not get paid overtime? Is your employer wrongly classifying you as an independent contractor? Do you get paid less than the minimum even though you do not earn tips?

What are the consequences of surgical errors?

Surgical complications and errors can have serious medical consequences such as paralysis, amputation of the wrong body part, injury to the intestine, birth Injuries, deformation and disfigurement, loss of sensation, brain damage, and death.

Is the surgeon highly trained for the operation?

This is a question that every patient should ask before agreeing to surgery. However, a surgical mistake or medical error lawyer in Miami Florida will investigate and observe both the training and experience of the surgeon, although it is assumed that surgeons should be highly trained, qualified and experienced. This is an important clue as risks associated with surgery are much higher with an inexperienced surgeon.

Are unexpected results considered a medical abuse?

No, there are no guarantees made of medical results. Sometimes unexpected complications occur, and they are not considered malpractice. Besides, patients usually sign a consent form explaining about complications and possible outcomes, including bleeding and infection.

Can I sue a doctor or hospital for medical malpractice just because a treatment or surgery doesn't cure my problem?

The fact that there was a bad outcome from medical treatment does not mean that the doctor is guilty of malpractice. For any medical malpractice case to be successful, a patient must prove that the adverse outcome was due to the negligence of the doctor. If the doctor was not negligent, then there is no case of medical negligence, regardless of poor treatment outcome. You should consult a qualified medical malpractice attorney. Provide the attorney with the medical records so he or she can have an expert review and then decide if there was indeed a medical carelessness.

What will the attorney prove in a medical malpractice case?

There are three essential elements to be proven in a medical malpractice case. First, when the physician did not follow the medical standards for health care. Second, when there was negligence or wrongdoing and affected the patient directly. Third, the damages should be shown. Failure to prove the three elements will result in having the case closed.

How long can a case take?

Depending on the different elements the cases usually take from 1 year to 3 years.