Unpaid Overtime and the Fair Labor Standards Act (FLSA) - Wage & Hour Lawyers
The failure of an employer to pay overtime or that are earned by an employee violates both State and Federal law. An employer also may not improperly manipulate, tamper with or destroy time sheets and records. The Fair Labor Standards Act, or "FLSA" as it is called, requires overtime pay for qualified employees who have worked more than 40 hours in a work week. Under the FLSA employers are under strict guidelines to maintain proper pay and time records for qualified employees. The FLSA also governs what is and is not considered compensable time, and does not permit work activity that is considered outside of designated working hours.
Unpaid Overtime - Frequently Asked Questions
- When can I sue under the FLSA?
An employee who has been denied overtime, earned wages or the victim of time or pay record alteration or manipulation may bring a lawsuit under the FLSA.
- Can I sue individually or collectively under FLSA?
The FLSA allows individual employees to sue employers who have violated its provisions. It also allows employees to sue an employer collectively if they have experienced identical or similar violations. This is known as a class action lawsuit.
- Can I sue if I am paid on a salary basis?
Possibly. Some salaried employees may still qualify to sue under the FLSA if they meet certain criteria.
- Can I sue if I am an independent contractor and not an employee?
An employer cannot simply call someone an independent contractor and have them ineligible to sue under the FLSA. Independent contractor status depends on the type of work being performed and the relationship between employer and employee. In some circumstances independent contractors are still entitled to claims under the FLSA.
- Are there other laws in the state of Florida that allow me to sue my employer?
The state of Florida also has laws that address overtime and wage claims against employers. Additionally, many counties in the state of Florida have passed county ordinances preventing unfair labor practices.
- What can a lawyer do for me?
Disputes with an employer can lead to termination of an employee's job and/or the improper denial of benefits. They can also be very complex if you don't know the law governing the particular dispute. An employment law attorney can help you decide if you really have a legal action against an employer before you incur the costs of hiring an attorney to represent you.
- Can an employer take action against me if I file a lawsuit against them?
Employers may not take action against an employee as retaliation for a lawsuit brought by an employee for unfair labor practices. Retaliatory actions may include but are not limited to terminating the employee, demoting them, making them work undesirable hours, or denying them wages or benefits otherwise earned to "strike back at them."
Contact our Experienced Overtime Law Attorney
If you work in Orlando or within the Central Florida are and you believe that you have an unpaid overtime claim, do not hesitate to contact us today. You can reach our employment law attorney in Central Florida at 407-500-0000. You may also email us or fill out the online form provided on this page and we will contact you shortly. We value your privacy and we will keep your information confidential.