Miami Overtime Violations

If an hourly employee works more than 40 hours in a week, the employee is entitled to overtime under the Fair Labor Standards Act (FLSA). The employment attorneys at Marrero  & Wydler have experience in this complex area of the law. Marrero & Wydler represents both individuals and employers who are regulated by the FLSA.

Overtime pay is a right given to hourly employees. If the employer pays straight time, meaning the employee is paid the same hourly rate for each hour worked over 40 hours a week, an overtime violation has occurred according to the Fair Labor Standards Act and Florida law. Sometimes even if an employee agrees to a weekly salary for all their work, it may also violate overtime law.

Sometimes an employer’s overtime violations are not intentional. However, some employers choose to avoid paying time and a half for each hour worked over 40 hours in one week. Signs that there may be an overtime violation include:

  • Paid the same hourly rate after 40 hours per week
  • Working “off the clock” by being told to work either before or after clocking in or clocking out.
  • Denying overtime pay because permission was not granted to work more hours
  • No recordkeeping like time or labor records exist showing the actual amount of hours worked
  • Paystubs that show fewer hours than worked
  • Averaging hours over a two week pay period
  • Called a manager or supervisor and paid a weekly salary for work over 40 hours per week
  • Time deducted for lunch breaks when lunch breaks were not taken.
  • Not paying employees for short breaks; trainings or meetings; or working from home.

Overtime violations can be very expensive for the employer. Employers may have to pay double the amount owed to the employee. These damages are called liquidated damages. Wages owed usually go back two years, but in certain instances, three years worth of unpaid overtime wages can be paid.

Call the overtime attorneys at Marrero & Wydler to determine if you have an overtime case in Miami, Fort Lauderdale, or Palm Beach.