If you’re not getting paid for work you’ve done, you have the right to recover those wages under federal and Florida law. The Fair Labor Standards Act (FLSA) requires employers to pay you for all hours worked, including overtime at 1.5 times your regular rate for hours over 40 per week. You may also be entitled to liquidated damages equal to the amount you’re owed. Common violations include not receiving overtime pay, being forced to work off the clock, having automatic meal break deductions when you didn’t take a full break, and being misclassified as exempt or as an independent contractor.
At BT Law Group, employment attorneys Jason Berkowitz and Anisley Tarragona help workers recover compensation they’ve earned but haven’t received. If your paycheck doesn’t reflect the hours you’ve worked, our Miami wage and hour lawyers can evaluate your situation, help you document the violations, and pursue legal action if necessary. We represent employees throughout Miami-Dade, Broward, and Palm Beach counties.
This guide explains your rights under federal and Florida wage laws, common ways employers fail to pay workers properly, steps to take when your wages are withheld, and deadlines for filing unpaid wage claims.
Your Rights to Fair Compensation
Before we explain your options, it’s crucial to understand your rights as an employee in Florida:
- Overtime Pay: Under the Fair Labor Standards Act (FLSA), many employees are entitled to overtime pay of at least 1.5 times their regular hourly rate for hours worked over 40 in a workweek.
- Minimum Wage: As of September 30, 2024, Florida’s minimum wage is $13.00 per hour (and $9.98 for tipped workers). This applies to all hours worked.
- Timely Payment: Florida law requires employers to establish regular paydays and pay employees on these days.
- Full Payment: Employers must generally pay for all hours worked, including any required pre-shift or post-shift work, meetings, and training sessions.
Common Scenarios of Compensation Discrepancies
There are various ways your compensation might not reflect the long hours you’re working:
- Not receiving overtime pay for hours worked beyond 40 in a workweek
- Being misclassified as an exempt employee
- Unauthorized deductions from your paycheck
- Not being paid for “off-the-clock” work
- Being asked to work through meal breaks without compensation
If you’re experiencing any of these situations, it’s time to take action.
Steps to Take When Your Pay Doesn’t Match Your Hours
1. Contact an Employment Law Attorney
Before taking any other steps, it’s crucial to consult with an experienced employment law attorney. At BT Law Group, we can:
- Evaluate the specifics of your situation
- Help you understand your rights and potential claims
- Guide you through the entire process of recovering any compensation you may be owed
By involving an attorney early, you can avoid potential missteps and maximize your chances of resolving the issue favorably.
2. Document Everything
With guidance from your attorneys at BT Law Group, gather and organize all relevant documentation, which may include:
- Timesheets or records of hours worked
- Pay stubs
- Employment contracts or agreements
- Any communication with your employer about work hours or pay issues
- Personal records of hours worked (if official records are unavailable)
This documentation will be crucial in supporting a claim for unpaid compensation.
3. Address the Issue with Your Employer
Your attorney may advise you to address the issue with your employer in writing. This step can:
- Create a paper trail of your attempts to resolve the issue
- Potentially resolve the issue without further legal action
- Fulfill certain legal requirements
Your attorneys at BT Law Group can help draft this communication to ensure it’s comprehensive and legally sound.
4. File a Wage Claim or Lawsuit
Oftentimes, it is necessary to file an unpaid wage claim or lawsuit in order to recover what is owed to you. There are several options:
a) File a Complaint with the U.S. Department of Labor
For violations of the FLSA, you can consider filing a complaint with the Wage and Hour Division of the U.S. Department of Labor. They can investigate your claim and potentially recover any owed compensation.
b) File a Lawsuit Under the FLSA or Florida state law
You have the right to file a private lawsuit for unpaid overtime or minimum wage. Your attorney can guide you through this process, which may involve:
- Filing a lawsuit in federal or state court
- Seeking back pay, liquidated damages, and attorney’s fees
c) Consider Local Options
Some localities have their own wage-related ordinances, such as the Miami-Dade County Wage Theft Ordinance for claims under $15,000. Your attorney can advise if these are appropriate for your situation.
5. Be Aware of Time Limits
It’s crucial to act quickly. There are strict time limits (statutes of limitations) for filing wage claims:
- FLSA claims: Generally 2 years, extended to 3 years for willful violations
- Florida Minimum Wage Act; Generally 4 years, extended to 5 years for willful violations
Your attorneys at BT Law will discuss all necessary deadlines to preserve your rights.
Potential Compensation You May Recover
If your claim is successful, you may be entitled to:
- Back Pay: The full amount of wages owed to you, including overtime
- Liquidated Damages: Often an amount equal to your unpaid wages
- Attorney’s Fees and Costs: The employer may be required to pay these if you win your case
Protection Against Retaliation
It’s natural to worry about retaliation when asserting your rights. However, both federal and Florida laws prohibit employers from retaliating against employees who complain about wage violations or file wage claims. This protection typically covers actions like:
- Termination
- Demotion
- Reduction in hours
- Harassment or intimidation
If you experience retaliation after complaining about being owed compensation, this could form the basis of an additional legal claim. Document any retaliatory actions and inform your attorney immediately.
Preventing Future Compensation Issues
While addressing current discrepancies is crucial, preventing future issues is equally important. Here are some proactive steps:
- Keep detailed personal records of your hours worked (along with all records required by company policy)
- Understand your employment classification (exempt vs. non-exempt)
- Know your rights regarding overtime and timely payment
- Address pay discrepancies promptly with your employer
- Review your pay stubs for accuracy
Let BT Law Group Get You Fair Compensation
Dealing with compensation issues can be overwhelming, especially when you’re already working long hours. But you don’t have to face this challenge alone. At BT Law Group, we have extensive experience in employment law and regularly help Florida employees receive fair compensation for their work.
Our attorneys can:
- Provide a comprehensive evaluation of your case
- Guide you through every step of the process
- Work to recover any compensation you may be owed
- Ensure your rights are protected throughout the process
Don’t let your hard work and long hours go uncompensated. If your paycheck doesn’t reflect the time you’ve put in, contact BT Law Group today. We’re here to help you understand your rights, explore your options, and recover the compensation owed to you under the law.
