UNPAID OVERTIME IN FLORIDA
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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:
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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