West Palm Beach Wage & Hour Lawyer
Wage and hour statutes protect your right to earn an income, but not all Florida employers follow the law. You do have legal options if your employer unlawfully withholds your pay, and our West Palm Beach wage and hour lawyers at The Pendas Law Firm can assist with seeking appropriate remedies. Please contact our office to set up a case evaluation, and read on for some important information about how these cases work.
Our Services in Wage and Hour Claims
Many conflicts related to wage and hour issues stem from alleged violations of the federal Fair Labor Standards Act (FLSA) and regulations adopted by the US Department of Labor – Wage and Hour Division (WHD). Florida’s approach to related employment issues aligns with the federal framework. Our attorneys represent employees in all wage and hour disputes, including:
Minimum Wage: Federal law sets the nationwide minimum wage at $7.25 per hour, but it allows individual states to enact higher amounts. Effective January 1, 2019, Florida’s minimum wage is $8.46 per hour. All employers, including private companies and public bodies, must comply with this rate.
Overtime and Exemptions: Covered employees who work more than 40 hours in a work week are entitled to earn 1.5 times their regular pay for the excess time. Some workers are exempt from this requirement, as described below.
Employee Classifications: Employers may misclassify a worker to avoid complying with federal wage and hour laws, and other statutes that protect you as an employee. Improper classification typically affects employee rights in two different scenarios:
- Independent Contractor: The FLSA and WHD regulations do not apply to independent contractors, so you don’t have rights as an employee. Your payment and work conditions are governed by the agreement you execute with the company to which you provide services. However, the line between independent contractor and employee isn’t always clear-cut. If you’ve been misclassified, you’re entitled to FLSA protections and may have a claim for misconduct.
- Employee Exemptions: Even if your employer properly classifies you as an employee, you may not be entitled to all protections provided by the FLSA. Exempt employees are typically those who are salaried and work within executive, professional, supervisory, or sales positions. Your employer is not required to comply with some regulations on wages, hours, and overtime.
Compensation for Employment-Related Claims
You do have legal options if your employer has violated wage and hour laws. The WHD is tasked with enforcement of the statutes, so your administrative remedy is to file a complaint. However, you may also file a private lawsuit in court against your employer, where you can seek such damages as:
- Back pay for amounts withheld in violation of wage and hour laws;
- Liquidated damages for willful violations of FLSA; and,
- Injunctive relief to force compliance with the statute.
Speak to a West Palm Beach Wage and Hour Lawyer Today
If you have questions about wage and hour laws, our attorneys are happy to provide answers. Please contact The Pendas Law Firm to set up a consultation. We can review your circumstances and explain options to enforce your rights as an employee.
