OVERTIME PAY LAWYER SOUTH FLORIDA
sTRATEGIC AND AGGRESSIVE OVERTIME PAY LAWYER
Militzok Law has routinely and successfully represented South Florida clients with overtime pay claims for over 10 years.
Our office counsels and represents both employees and small and medium-sized businesses.
We are conveniently located in Hollywood, FL, between I-95 and the Florida Turnpike.
Consultations are free of charge and confidential.
Contact us today to learn more about the overtime law or to understand how we can assist you in commencing or defending overtime pay litigation.
OVERVIEW
The Fair Labor Standards Act (FLSA) provides entitlement to overtime pay for all employees who work for a "covered employer" and who are not otherwise "exempt" from receiving overtime pay. Whether the employee is entitled to the overtime pay (non-exempt employee) or not (exempt employee) is determined by the method of the employee's pay as well as what the employee's regularly and customary job duties performed are.
WHO IS ENTITLED TO OVERTIME PAY
Most employees in the United States are entitled to overtime pay.
First, to be entitled to overtime pay, the worker must be an "employee" of the business, as defined by the FLSA. Companies often times attempt to misclassify employees as "independent contractor" to avoid having to pay overtime pay and other taxes.
Second, the employee's work must be covered by the FLSA, in one of two ways:
The company must have gross annual sales in excess of $500,000 per year, along with two or more employees engaged in commerce or in the production of goods for commerce, or that has employees handling, selling, or otherwise working on goods or materials that have been moved in or produced for commerce by any person (Enterprise Coverage), or
The individual worker has engaged in commerce or in the product of goods for commerce (Individual Coverage).
Third, the employee must be a "non-exempt employee" as opposed to an "exempt employee". An employee who is otherwise entitled to overtime pay, but is subject to one of the many exemptions to the overtime pay law is said to be an "exempt employee".
HOURLY EMPLOYEES
Hourly employees are those workers who are a paid a fixed amount of wages for each hour they work. Just about all covered hourly employees are entitled to overtime pay.
SALARIED EMPLOYEES
Salaried employees are those workers who are paid a fixed amount of wages for a period of time that they work (usually a week or bi-weekly).
A common misconception is that salaried employees are not entitled to overtime pay. Salaried employees are often entitled to overtime pay under the FLSA, unless they are subject to one of the so-called "white collar" exemptions to the FLSA.
COMMON OVERTIME PAY VIOLATIONS
Work performed "off the clock";
Hourly employee working through an unpaid break;
Employee misclassification as an "independent contractor";
Employee misclassification as an "exempt employee";
Employer pays straight time only;
Employer cuts employee hours to avoid paying overtime pay;
Employer violates the rules for tip sharing for positions who regularly receive a tip;
Employer not paying the full overtime rate of pay (including commissions and non-discretionary bonuses);
Employer offering paid time off (PTO) at the employee's regular rate of pay in lieu of overtime pay;
Employer using an incorrect overtime pay calculation methodology;
Employer failing to properly track the actual time worked of the employee;
Employer making improper salary deductions;
Unpaid internships for the benefit of the employer.
DAMAGES
Prevailing employees will be entitled to recover the actual amount of unpaid overtime pay they are owed (actual damage), along with the employee's attorneys' fees and costs. The employee may also be entitled to liquidated (or double) damages (twice the amount that the employee is actually owed).
FEES AND COSTS
The FLSA provides for the successful plaintiff to seek her attorneys' fees and costs incurred during the process from the employer.
Employees do not pay any out of pocket costs or fees, at any time, throughout the process.
Militzok Law offers highly competitive and flexible payment plans for small and medium-sized businesses for litigation defense and document production.
WHAT TO DO NEXT
If you wish to further discuss your potential claim, or to learn more, please contact us today. We will respond to your inquiry with a prompt and honest assessment.
contact information:
Militzok Law, P.A.
8958 W State Road 84, #1036
Fort Lauderdale, Florida 33324
(954) 780-8228 - phone
(954) 719-4456 - facsimile
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