Unpaid Overtime – When Do You Need a Lawyer?

Labor laws state that if an employee works over 40 hours per work week, then they are entitled to receive overtime remuneration at a rate of 1.5 times their normal hourly pay rate. But what happens when your employer doesn’t pay you the money you’re owed?

Overtime laws protect workers who do not receive the wages they’re owed. At the Law Office of Hogan & Hogan, P.A., our Orlando employment lawyers have years of experience offering representation to clients who are the victim of wage and overtime violations. Many employees may be afraid to speak up and take action as they fear they’ll lose their job. But you can rest easy when you have a qualified Florida employment attorney working hard on your side, striving to get you the unpaid overtime pay that you deserve.

If you have been the victim of unpaid extra wages and other labor law violations, our legal team is available to assist. Contact the Orlando lawyers of the Law Office of Hogan & Hogan, P.A to discuss your case in a confidential, no-cost consultation session. Call 407-422-2188.

The Most Common Questions About Overtime Laws and Unpaid Overtime Wages

The Orlando overtime attorneys with the Law Office of Hogan & Hogan, P.A. get lots of questions about additional laws, unpaid wages and other aspects of employment law. So our legal team has compiled information to address some of these common inquiries.

What is the FLSA?

The Fair Labor Standards Act or FLSA is a federal employment law that addresses minimum wage rates and overtime remuneration. More than 130 million Americans are impacted by the FLSA.

Who’s Entitled to Get Overtime Pay?

Per the FLSA, a number of workers are entitled to additional wages, including first responders like police, firefighters, and paramedics, along with most manual laborers, paralegals, cashiers and store employees, practical nurses and others.

Workers earning under $23,660 per year and salaried workers making less than $50,440 annually qualify to receive additional wages.

Who’s Exempted from the FLSA?

There are some workers who are exempted under the FLSA, including:

  • independent contractors;
  • some technology-related workers;
  • some workers in the farm/agriculture industry;
  • some workers in the transportation industry;
  • some seasonal employees;
  • some “live in” domestic staff (i.e. a nanny or housekeeper);
  • babysitters; and
  • primary and secondary school teachers.

Unpaid Overtime LawsAdditionally, administrators, executives, professionals and outside sales workers earning $455 per week or more are not entitled to receive overtime pay.

Notably, though, some employees are unfairly categorized into one of these exempted categories, particularly when it comes to employees who are misclassified by the employer as independent contractors. This miscategorization can serve as sufficient grounds for filing an overtime lawsuit.

What is the New President Obama Salary Overtime Law?

About 5 million Americans are impacted by the new additional regulations. 2016 saw significant changes under “Obama’s new overtime rule” which extends overtime wages to salaried employees, regardless of their job title or duties. The primary requirement is that the employee must earn $50,440 or less per year.

Do I Need to File an EEOC Claim to Get Unpaid Overtime Wages?

If you’re a non-exempt employee who was not paid overtime wages, then you have the right to take action. Generally, an EEOC claim isn’t required for a wage violation. One of our Orlando labor attorneys can help you to file an overtime lawsuit or negotiate an out-of-court a settlement to recover your unpaid wages.

In cases where numerous employees are denied overtime pay by the same employer, a collective FLSA action may be appropriate.

You must contact one of our overtime lawyers as soon as possible, though, because the FLSA statute of limitations provides you with a timeframe of just two years to file a lawsuit, although that timeframe can be extended to three years if the employer’s violation is considered “willful.”

Our Orlando Attorneys Will Assist With Your Overtime Lawsuit

Unpaid Overtime LawsIf you have been denied extra pay, our professional team of Florida employment lawyers can work to help you get your unpaid overtime wages and compensation for damages, along with attorney’s fees.

At the Law Office of Hogan & Hogan, P.A., we take a unique “clients first” approach to employment law. We believe that by simplifying and streamlining our dealings with clients, we can reduce a lot of the stress associated with the legal process. Dealing with an employer who cheats you out of additional pay is stressful enough; seeking justice shouldn’t be!

In addition to helping with unpaid overtime and wage disputes, we also handle other matters, like wrongful termination, sexual harassment, EEOC claims, workplace discrimination or denial of family medical leave time that you’re entitled to receive under the Family and Medical Leave Act (FMLA). Business matters aside, our experienced Central Florida lawyers also assist with personal injury lawsuits, wrongful death claims, premises liability, workers’ compensation cases and beyond.

Contact our Orlando law firm to discuss your case in a free, confidential consultation session. Call the Law Office of Hogan & Hogan, P.A. at 407-422-2188