Florida Overtime and FLSA Questions and Discussion

If you have recently been terminated due to the corona virus outbreak, your employer may still owe you for unpaid or underpaid overtime hours that you worked .  If you think that you are or may be owed overtime, call an attorney today at (800) 763-3305 to discuss what happened at your job.  Please bear in mind that due to heavy call volume in this difficult time, it may take some time to get back to you.  Messages will be responded to, however.

The majority of hourly-paid employees are entitled to be paid an overtime premium for all hours worked in excess of forty (40) in a given work week.  If you are hourly paid, and your employer has not been paying you an overtime premium, call today.  The overtime premium consists of being paid a rate of time-and-a-half (one-and-one-half times your regular hourly rate) for all hours worked in excess of forty (40) in EACH given work week.

If you have "lunch breaks" deducted from your pay by your employer, but perform work during these supposed "breaks," you may be entitled to have been paid for that time, and that time may put you over forty (40) hours in many work weeks, entitling you to an overtime premium for some of your hours.  Call (800) 763-3305 today to discuss this with an attorney.

If you are, or were, routinely expected to perform work before you clock in for work, or after you clock out, call (800) 763-3305 today.  This is a very common overtime violation, and you may be owed for it.

If your employer classifies you as a so-called "independent contractor" and/or pays you with a 1099, but treats you more like an employee, you may have been misclassified as an independent contractor.  And your employer may owe you overtime for all hours worked in excess of forty (40) in each week that you have worked.  If the employer expects you to work at certain times, and controls your work closely, they may have misclassified you as an independent contractor when, in reality, it is treating you like an employee, entitling you to overtime.

Similarly, your employer may have misclassified you as "exempt."  If you lack authority to make important decisions on behalf of the company, cannot hire or fire other employees, do not supervise anybody, and work according to company policies and procedures with little or no latitude to adapt, you may be entitled to overtime even if you are "salaried" or deemed "exempt" by your employer.  Call (800) 763-3305 today to discuss your situation.  Day rate, piece rate, and commissioned workers may also be entitled to overtime.  It's worth discussing with our attorney.

If your employer provides so-called "comp time" instead of paying you an overtime premium for hours worked in excess of forty (40) in each given work week, your employer likely violated the law.  Call today to discuss this matter.

If your employer refuses to pay for overtime hours that you worked because the hours were not approved by a manager in advance, call (800) 763-3305 today.  Your rights under the overtime laws have likely been violated.

Call (800) 763-3305 to discuss your unpaid or underpaid overtime.

Below are some common questions about unpaid overtime.

1.  I am classified as an executive or manager by my employer.  Am I entitled to overtime pay if my hours exceed 40 in a given work week?

2. At my job, the managers were often on the job site with themselves, after the hourly paid employees maxed out their hours and were sent home.  Can this indicate anything regarding my eligibility for overtime pay as a manager or executive?

3. I was classified as an executive or manager by my employer but I spend much of my time at work performing duties typically performed by hourly-paid staff.  Am I entitled to overtime if I worked more than 40 hours per week?