Overtime and Minimum WageThe employer-employee relationship is subject to some disputes from time to time. However, some are subject to federal and state laws that mandate what constitutes fair compensation. Minimum wage and overtime laws can protect an employee who is not being fairly compensated for their work. If you are owed overtime or back wages, contact our overtime attorneys at the Coye Law Firm. An employment lawyer can defend your case and seek the wages you are owed.
Considering a Claim?In order to preserve your claim, make sure that your job title and duties are explicitly stated or written by your supervisor or employer. Some companies may try to dodge the laws by saying that the overtime was not a part of your duties as an employee, so protecting yourself is vital. Meal periods can also be a contentious issue. Call our overtime and minimum wage law firm today to discuss your case. Provide us with the following information to speed up your claim:
- name of company
- dates employed
hours worked per week
- method of payment (hourly, salary, commission, bonus, etc.)
- job title
- number of employees with same position
- personal explanation of unfair compensation
Federal LawsIn July of 2009, the United States Department of Labor increased the federal minimum wage . More than 100 million workers are affected by the law that dictated this wage, called the Fair Labor Standards Act. As long as the employee is 16 years old, there is no law limiting the number of hours worked per day or per week. However, the employer is required to pay the employee no less than one and one half times their regular wage rate for every hour worked over 40 hours per week.
If an employer is found in violation of these laws, they can be required to change their practices and reimburse the affected employees their back wages. A $10,000 fine can be given to the employer if they are found to be willfully violating the laws. The statute of limitations (or the amount of time a claim can be filed) is 2 years under the FLSA if the violation was unintentional. If your employer willfully violated the law, then you have 3 years to file a claim.
State LawsFlorida requires employers to pay their employees minimum wage as well. In fact, the state requires that employers prominently display this information in their workplaces in the form of a poster. Overtime laws also mirror the federal regulations; one and one half times the regular hourly wage is required for any time over 40 hours per week.
If you have asked your employer to reimburse you for unpaid wages, either in violation of overtime or minimum wage laws, they have 15 days from your complaint to pay you the full amount they owe. Similar to the federal guidelines, if they are found in willful violation of these laws, then they can be required to pay a fine.
The federal and state minimum wage laws often change--sometimes once a year--to reflect the cost of living or other facets of economy. Employers should reflect these changes promptly and accurately when laws are enacted, but sometimes that isn't the case. Legal advice from the overtime and minimum wage lawyers at the Coye Law Firm can change this and help you reclaim the money you are owed.
At the beginning of employment, compensation rates should be explicitly stated and agreed upon between an employer and an employee. If this agreement is violated in the form of unpaid overtime or a wage below the national legal minimum, you should seek legal advice to claim the money that you are owed. If discussing the issue with your employer doesn't recover the wages, the employment attorneys and staff at the Coye Law Firm may be able to help with your case. Contact our offices in Orlando, Melbourne, Kissimmee, or Clermont today.