Experienced Overtime Claims Lawyers In Florida

Unpaid overtime can leave you working long hours while your paycheck falls short. If you are dealing with unpaid wages, a payroll dispute or an overtime claim, our team at Cornell & Associates PA can help. We represent both employees and employers, giving us insight into the challenges that can arise on both sides of an employment dispute.

With decades of experience, our attorneys take a practical, action-oriented approach to wage and hour disputes. We take the time to understand what happened, protect your interests and help you determine the best way forward.

Understanding Your Right To Overtime Pay

The Fair Labor Standards Act (FLSA) requires covered employees who are not exempt to receive at least one and one-half times their regular rate if they work for more than 40 hours in one workweek. Florida relies on the FLSA for weekly overtime requirements rather than a separate state daily overtime law.

However, Florida’s constitutional minimum wage rate directly affects the base calculation used to determine regular and overtime pay for eligible workers. Working more than eight hours in a single day does not, by itself, trigger overtime pay requirements in Florida. The key question is whether you were at work for over 40 hours during your employer’s defined workweek.

Who Qualifies For Overtime Compensation

Many nonexempt hourly employees qualify for overtime. Certain salaried workers can receive overtime pay if their duties and compensation do not meet the requirements for an exemption. Overtime disputes can arise when employees in retail, hospitality, healthcare and construction work long or irregular hours but do not receive the overtime pay they are owed.

The nature of your job does not determine whether you are eligible for overtime pay. An employer also generally cannot require an employee to give up FLSA overtime rights through a contract or other agreement.

Calculating Your True Regular Rate Of Pay

The regular rate serves as the starting point for calculating overtime. It generally includes compensation for work performed, including qualifying nondiscretionary bonuses and shift differentials. The FLSA generally calculates the regular rate by dividing covered compensation for the workweek by the total hours worked.

For example, assume you earn $20 per hour, work 45 hours and receive a $100 nondiscretionary bonus. You earn $1,000 in straight-time wages plus the $100 bonus, for a total compensation of $1,100. Dividing $1,100 by 45 gives a regular rate of about $24.44. The additional half-time premium for five overtime hours is about $61.11. If your employer ignores the bonus and calculates overtime using the $20 hourly rate, you receive only $50 in overtime premium and are underpaid by about $11.11.

Consulting an attorney can help you determine whether your employer correctly calculated your regular rate and identify any unpaid wages you may be entitled to recover.

Common Employer Tactics That Can Reduce Overtime Pay

Certain payroll practices can result in employees receiving less overtime than they are owed. Examples include:

• Requiring employees to work before clocking in or after clocking out
• Averaging hours across two workweeks instead of calculating each workweek separately
• Changing or deleting recorded work hours
• Telling workers that unauthorized overtime will not be paid

These practices can hide hours actually worked and reduce an employee’s reported weekly total. An employer generally must pay for compensable overtime that it requires or permits, even if the employee did not receive advance approval.

Special Overtime Situations In Florida Industries

Overtime calculations can become more complicated in healthcare, restaurants, sales, agriculture, manufacturing and tourism. Certain healthcare arrangements may use a fluctuating workweek method when its requirements are met. Tipped employees may have different overtime calculations involving their regular rate and permissible tip credits. Some sales employees receive a combination of salary and commissions, while piece-rate workers may need overtime calculated using their total compensation and hours worked.

Residential care workers, delivery drivers and seasonal tourism workers may also have unusual schedules or pay arrangements that raise overtime questions. We look at the hours actually worked and the compensation actually paid rather than relying solely on how an employer classifies the position or pay system.

Employer Retaliation And How We Protect You

Employers generally cannot retaliate against employees for asserting their FLSA rights. Retaliation can take many forms after an employee raises concerns about unpaid overtime or participates in an FLSA proceeding. Examples include:

• Termination
• Demotion
• Reduced work hours
• Negative treatment at work
• Unfavorable performance reviews
• Creating a hostile work environment

In a retaliation case, an employee generally must show that they engaged in protected activity, experienced an adverse employment action and have a connection between the two. The employer may then provide a legitimate reason for its actions, while the employee can present evidence that the stated reason was not the real reason. A successful retaliation claim may result in damages separate from the underlying overtime claim, including lost wages and other available remedies.

What You Need To Know About Overtime Claims In Florida

Overtime disputes often involve more than comparing the hours on a timesheet with the amount on a paycheck. The answers below address some common questions that can affect your right to recover unpaid overtime wages.

If I receive a salary, does that automatically mean I am not entitled to overtime?

No. Receiving a salary does not automatically eliminate overtime rights. Some salaried employees remain nonexempt and must receive overtime when they work more than 40 hours in a workweek. Eligibility depends on the employee’s actual duties and the applicable exemption requirements, not simply how the employer structures the employee’s pay. If your employer pays you a salary but expects you to work long hours without overtime, an attorney can review your duties, compensation and work records.

How long do I have to claim unpaid overtime in Florida?

In the FLSA, the usual recovery period is two years before filing a claim. If the violation was willful, the period can extend to three years. Because the filing date can affect how much compensation you may recover, you should not wait to get legal advice. Pay records, schedules, time records, messages and personal work logs can also help establish the hours you worked.

Do undocumented workers have the right to claim unpaid overtime?

Immigration status does not automatically eliminate FLSA wage protections. A worker who qualifies as an employee under the FLSA may have overtime and minimum wage rights regardless of immigration status. These cases can involve additional legal issues, so undocumented workers should speak with an attorney before taking action.

Does my employer have to pay overtime if they did not authorize or approve the extra hours I worked?

Generally, yes, if the employer knew or had reason to know that you worked those hours. An employer cannot require advance approval for overtime and then refuse to pay for overtime it allowed or permitted. The specific facts matter, including who knew you worked the extra hours, how the employer recorded your time and whether a supervisor directed or accepted the additional work.

Can I still file an overtime claim if I signed an independent contractor agreement but work like an employee?

Possibly. The label in a contract does not by itself determine whether the FLSA applies. Federal guidance looks at the economic realities of the working relationship to determine whether a worker is an employee or an independent contractor. If you signed an agreement but your actual working relationship resembles employment, an attorney can review the circumstances and determine whether you may have an overtime claim.

These issues can make suing for overtime pay more complicated than simply multiplying an hourly rate by the extra hours worked. Whether you are an employee pursuing uncompensated overtime claims or an employer responding to a time-and-a-half dispute, legal guidance can help you understand your rights, obligations and options.

Get Help With Your Florida Overtime Dispute

If you are looking for a Florida overtime claims lawyer or an unpaid overtime attorney, Cornell & Associates PA can review your situation and help you understand your options. Contact us at 954-271-0554 or send us an email to discuss your wages, hours, records and concerns with an experienced employment law attorney.