Employees deserve fair wages and treatment when on the job, which means that employers who withhold pay can be held accountable for their actions. Many employers fail to follow state and federal labor laws, often underpaying the correct minimum wage or failing to provide overtime pay, and incorrectly calculating salaries.
When you suspect your employer has been withholding wages or committing other wage and hour violations, it is time to speak with an experienced Florida wage and hour attorney from Eggnatz | Pascucci about your situation.
Why Choose Us at Eggnatz | Pascucci?
Clients choose Eggnatz | Pascucci because of our commitment to our clients, our deep understanding of employment law, and our connection to South Florida. Born and raised here, and lifelong residents, Eggnatz | Pascucci understand the community. With more than 30 years of combined experience, we have dedicated our careers to making South Florida a better place for consumers, employees, and residents. If you are ready to fight back when facing wage and hour violations at the hands of your employer, we can help.
Common Wage and Hour Violations in Florida
Wage and hour violations in Florida can occur in many ways. Having an understanding of what to look for makes it easier to determine whether or not your employer has violated your rights.
Misclassifying an Employee
While a misclassified employee is often the result of an honest mistake due to issues with paperwork, employers might intentionally misclassify them to avoid paying certain wages. The most common misclassification of an employee is listing them as a contractor, which means the employer does not have to pay for overtime or provide benefits.
Failure to Pay for Overtime Worked
An employee who works more than 40 hours per week is typically entitled to overtime pay, which is one and a half times their regular hourly rate. Employers often avoid paying overtime by misclassifying employees as exempt or asking them to work off the clock without compensation.
Violations of the Minimum Wage
Many employers are required to either pay the state or federal minimum wage, whichever applies to their industry. If your employer fails to pay the required minimum wage, they have committed a wage and hour violation.
Retaliation for Reporting a Wage and Hour Violation in Florida
The Fair Labor Standards Act (FLSA) prohibits employers from retaliating against employees who report them for wage and hour violations. Retaliation often takes the form of termination, demotion, creation of a hostile work environment, and harassment.
Failing to Provide Required Breaks
Florida law requires employers to provide employees under the age of 18 with an unpaid 30-minute break if they have worked four consecutive hours. The break cannot be interrupted, and the employee must not be required to perform any work-related tasks during this time.
Unauthorized Paycheck Deductions
Deducting the cost of an employee’s uniform, equipment, tools, or other work-related items can be a violation of labor and wage laws if the deductions bring their pay below the required minimum wage.
How Long Do I Have to File a Wage and Hour Claim in Florida?
Florida law provides you with four years to file a wage and hour claim, but you could have five years to file if the violation was deemed to be willful.
Call Our Florida Wage and Hour Attorneys Today
If your employer has illegally withheld your wages, or your hours worked have been manipulated, you deserve to have an experienced Florida wage and hour attorney on your side. Call the team at Eggnatz | Pascucci today to schedule a consultation with a member of our team.