If you are an employee in the State of Florida working more than 40 hours a week, you may be entitled to overtime. Federal law, the Fair Labor Standards Act, dictates that an employee must be paid overtime for any hours worked over a total of 40 hours a week. Florida law closely mirrors the federal law, therefore if you are a worker in Florida who works more than 40 hours a week, you are likely entitled to overtime pay. 

A week for purposes of overtime means 7 days. Therefore, even if you have to work on the weekends or holidays, that does not entitle you to overtime. Additionally, if you work more than a regular workday on any given day, you are still not entitled to overtime. You are only entitled where your work hours for 7 days amount to more than 40 hours. Once you are entitled to overtime, you cannot waive your rights to such payment, and your employer cannot attempt to circumvent paying you overtime through other means, such as raises or release forms. 

Most workers are entitled to overtime pay, however, there are exceptions. Therefore it is important to contact an attorney specialized in Overtime claims in Miami to help you navigate a suit for overtime pay.

Are Independent Contractors Exempt From Overpay?

Do not let your status an “independent contractor” stop you from speaking with an attorney.  In many cases employers misclassify its workers as independent contracts for one reason only, ECONOMIC BENEFIT, by classifying a worker as an independent contractor, an employer is not required to additional taxes. This is illegal.  There are a list of factors to consider to determine whether a worker is in fact an employee as opposed to an independent contract.

These include:

  • Do you have the right (whether or not exercised) to make the worker comply with your instructions on when, where and how he or she must work?
  • Hiring/Firing
  • Do you hire, fire and pay the worker’s assistants? (If the worker contracts to provide both labor and materials, and is responsible only for the ultimate product, this tends to show independent status.)
  • Relationship
  • Is there a continuing relationship between the worker and yourself? Are services performed frequently ?
  • Hourly, Weekly, or Monthly Pay
  • Do you pay the person by the hour, week or month? (A worker might still be an independent contractor and be paid on this basis. Contractors tend to be paid by the job or on straight commission, but could be paid monthly or weekly so as to spread out contract payments.)
  • Investment
  • Does the worker have a significant investment in equipment or facilities that are not typically maintained by employees?
  • Expenses
  • Do you pay the worker’s business or travel expenses?
  • Workers Right to Terminate
  • Can the worker quit at any time? Remember, answering “Yes” to the rest of the questions tend to show independent contractor status for a worker.
  • Profit or Loss
  • Can the worker incur a profit or loss as a result of his or her work (in addition to the profit of payment for the work?) A contractor should bear an economic risk over and above the risk of not being paid.
  • Tools and Materials
  • Do you provide the worker with tools or materials?
  • More Than One Job
  • Does the worker work for more than one business at a time? (Note, however, that the IRS says that a worker could be an employee of numerous service recipients.)
    Services Rendered in Person
  • Do you require the worker to provide the services personally, or can he or she delegate them to someone else?
  • Training
  • Do you train a worker (on your premises or the worker’s) by requiring him or her to work with someone experienced, or by having him or her attend meetings, or via correspondence?
  • Integration
  • Are the worker’s duties an integral part of your operation? Is the worker’s function necessary to your business.
  • Hours
  • Do you set hours during which the individual must perform the work?
  • Full Time
  • Must the worker devote all of his or her time to your job? (Independent contractors can work when and where they please.)
  • Ordering
  • Do you have the right to set the order in which services are performed, whether or not you exercise that right?
  • On Premises
  • Must the worker work on your premises, especially if the work could be performed elsewhere?
  • Reports
  • Do you require the worker to give you written or oral reports?
  • Right to Fire
  • Do you have the right to fire the worker? There can be a tricky distinction between controlling workers via the threat of firing if they do not follow your instructions – which would indicate employee status –and having the right to terminate a contract because the contractor has not performed according to specifications.
  • Services Available to the General Public
  • Does the worker offer services to the general public on a regular basis?

If you have accumulated overtime hours, and your employer has not paid you, Ferretjans Law, PLLC can dedicate their legal experience to help you recover your rightful pay. Ferretjans Law is dedicated to helping you recover what is rightfully yours, you will only need to pay for their services if you have a favorable outcome in your lawsuit.

Call Us Now For A Free Evaluation

Let us advocate for your rights.  Take the initiative and call an Overtime Lawyer in Miami, Ferretjans Law Office offer Free Evaluations. Call us at 305-925-0811.

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