More Employers Failing to Pay Proper Wages and Overtime in Florida
Florida employees who are not paid the minimum wage or not paid for working overtime may bring lawsuits against their employer and demand compensation for unpaid wages and hours.
October 20, 2012
American workers are filing more lawsuits against employers than ever before. In 2012, wage and hour lawsuits are the highest they have been in 20 years. As of March 31, 2012, there were 7,064 federal wage and hour cases filed compared to the 1,184 cases filed in 2000.What are Wage and Hour Lawsuits?
The federal Fair Labor Standards Act (FLSA) and Florida state's employment laws dictate an employee's rights, as well as the legal remedy to enforce those rights. For example, in Florida:
- Workers must be paid a minimum wage of $7.67.
- Employees who receive tips must be paid at least $4.23 per hour, and cannot earn less than minimum wage between wages and tips.
- Hourly employees are entitled to overtime pay for any hours beyond 40 hours worked in a week.
Employers are required to follow the above guidelines and pay minimum wages and overtime to their employees. Employees who are not paid the minimum wage or not paid for working overtime may bring a lawsuit against their employer and demand compensation for their wages and hours.
There are exceptions, however. Some employees are classified as exempt from overtime. Employees who are not entitled to overtime pay include executive, professional, independent contractors and outside sales workers. The question becomes whether the employee has the ability to "exercise discretion and independent judgment with respect to matters of significance." If they have this ability, they are not entitled to overtime pay.
Causes of Increased Wage and Hour Lawsuits
Experts believe that the current economic climate -- specifically, the recession and the high rate of unemployment -- have contributed to the increase in wage and hour lawsuits as employers attempt to tighten their belts.
Experts also opine that the FLSA is outdated and does not adapt to today's more technological work industry. For example, computer programmers -- those who analyze and design computer systems -- are exempt from the overtime requirement. Some employers are refusing to pay employees who perform routine computer duties overtime under the pretext that they fit under the computer programmer exception. Not everyone who uses a computer, however, is a computer programmer. Misclassifications like this have contributed to the high level of wage and hour lawsuits.
Consult with an Experienced Employment Law Attorney
If you have a claim for unpaid overtime, you may be entitled to back pay, liquidated damages, and attorney's fees. An experienced wage and hour lawyer can review your case and enforce your rights under the FLSA and applicable Florida laws.
Article provided by Feldman Morgado, P.A.
Visit us at www.floridatrialattorneys.net/