Ensuring Proper Payment of Earnings

What Is an Overtime and Wage Dispute?

In most work situations, the pay structure is clear, and employees know what to expect on payday. But there are situations in which an employee suspects he or she has not been paid all that is due, or an employee demands more than what has actually been earned. In these circumstances, the conflict can be resolved through an overtime and wage dispute claim.

Minimum Wage Requirements

The minimum wage for work in Florida is $8.25 per hour. For jobs where tips are part of the pay structure, employers must pay an amount that totals at least $8.25 per hour when tips are counted. The end result for positions like wait staff and hostesses might be a wage lower than $8.25 per hour as long as the total hourly wage equals at least $8.25 when considering earnings from all sources. 

Overtime and wage dispute matters involve complex questions of law. Partner with an attorney today for a fair resolution.

Overtime Pay

Overtime pay is one and a half times the hourly pay rate. When a qualifying employee works more than 40 hours per week, the number of hours exceeding 40 is paid at an overtime rate. In order to qualify for overtime, an employee must:

• Be classified as an hourly employee.
• Be considered nonexempt.
• Receive a W2, rather than provide services on an independent contractor basis.
• Work as an employee, and not a volunteer.

There are other categories of nonexempt employees, such as seasonal workers. The determination as to whether an employee is nonexempt and thus entitled to overtime is the first legal hurdle in any overtime dispute case. In order for an employer to comply with overtime laws, the employer must remit payment at the overtime rate to all qualifying employees. Most employers have a duty to pay overtime, but there are some exceptions.

Employers are required to pay overtime pursuant to the Federal Fair Labor Standards Act, which covers companies making $500,000 or more annually. Smaller employers may also fall under the Act if they engage in certain types of business. For an analysis of when overtime is due and whether it has been paid, or to find out if you are required to pay your employees an overtime rate, let us review your case.

How We Help

At Chanfrau & Chanfrau, we represent both employees and employers. We understand the importance of being paid what is due, and also recognize the rights of employers to pay only what is legally owed. Our team can help you reach a fair resolution within the perimeters of the law.

Call Us Today

For help with your overtime and wage dispute, call us at (386) 258-7313, or contact us online to schedule an appointment. We understand state and federal wage laws, and can use that knowledge to protect your rights.