Naples Wage & Hour Lawyer
Many Florida workers struggle to live paycheck-to-paycheck. This is only exacerbated when employers fail to pay their employees the full amount of their wages on-time. And in many cases, Florida employers simply ignore the laws governing employee pay altogether.
As a worker, you do not have to put up with this. A qualified Naples wage & hour lawyer can represent you in taking legal action against an employer who is not paying you according to the law. If your employer is withholding pay or failing to pay you at least the minimum wage and any applicable overtime, we can help you take steps to remedy the situation. In some cases, you may be able to sue your employer and collect additional monetary damages in court.
Your Rights to a Minimum Wage and Overtime Pay Under the Law
Both the federal government and the State of Florida require employers to pay their employees at least a specified minimum wage. Florida’s minimum wage is currently higher, so it is the one that applies to businesses in this state. The Florida minimum wage is $11.00 per hour as of early 2023, with annual increases scheduled until it reaches $15.00 per hour in September 2026.
Employers must also pay their employees an overtime wage under certain conditions. Overtime pay is equal to at least 150 percent of an employee’s normal wage. So if you are a Florida worker currently earning $12 per hour, your overtime rate would be $18 per hour. Overtime pay is due for every hour worked in excess of 10 per workday or 40 per workweek.
Minimum wage and overtime rules only apply to workers who are not considered exempt from the law. An “exempt” employee is generally one who works in an executive, administrative, or professional job and receives a salary instead of hourly wages. Many employers try to get around minimum wage and overtime rules by deliberately misclassifying employees as exempt. For instance, a business might give a factory worker an empty “manager” title in an attempt to reclassify them as an exempt administrative worker.
Similarly, an employee may try and classify an employee as an “independent contractor.” A contractor is someone who performs work for a business under their own direction. Minimum wage and overtime rules do not apply to contractors, which creates an incentive for employer misclassification.
Misclassification of an employee is against the law. Federal and state regulators can take legal action against employers who engage in misclassification. And the affected employees can also file a lawsuit and recover damages, including back pay owed.
Contact The Pendas Law Firm Today
Employees are often unsure of their wage and hour rights in the workplace. That is why it is important to work with an experienced Naples wage and hour lawyer if you suspect that your employer is not following the law. If you need to speak with an attorney, contact the Pendas Law Firm today to schedule an initial consultation.
