Miami Wage Rights Lawyer
Fiercely Advocating for the Wage Rights of Florida Workers
Wage and hour laws govern the wages an employer must pay its employees and the hours for which an employer must compensate its employees. The most well-known wage and hour laws are minimum wage and overtime laws. Other wage and hour laws include child labor laws. Attorneys at BT Law Group can assist with the following areas:
- Unpaid Overtime and Minimum Wage. In Florida, employees and employers are subject to federal, Florida law, and local ordinances. Under the Fair Labor Standards Act, for example, employers must pay all non-exempt employees time and one-half of their regular rate of pay for any hours worked in excess of forty (40) in a workweek. An employer who violates this statute could be liable for liquidated, or double, damages. Additionally, under both state and federal law, employees must be paid at least the applicable minimum wage for all hours worked. Furthermore, the law imposes posting and record-keeping requirements on employers.
- Employee Misclassification. Misclassification of employees (for example, exempt versus non-exempt, employee versus independent contractor, and employee versus interns) is governed by both federal and state law. Under the Fair Labor Standards Act, there are specific requirements that must be met in order for an employee to be properly classified as exempt from being owed overtime pay for all hours worked in excess of forty (40) in a workweek. With respect to classifying workers as independent contractors, the Florida Department of Revenue has oversight authority and can impose significant penalties to businesses who misclassify individuals as independent contractors. Finally, the U.S. Department of Labor has evaluated internship programs under the FLSA and issued guidelines to help employers determine whether interns and students for “for-profit” employers are entitled to minimum wage and overtime pay under the FLSA.
- Independent Contractor. Florida common law and various statutes have different definitions of an independent contractor. In Florida, the intentional misclassification of a worker is a felony. Additionally, there could be tax consequences by misclassifying a worker.
- Class & Collective Actions. Many of the applicable employment-related statutes permit plaintiffs to proceed on a class or collective basis. For example, in a collective action under the Fair Labor Standards Act, employees can “opt-in” to the case by signing a consent to join. In a class action, the putative class members are automatically part of class unless that individual opts out.
- Audits. Both federal and state laws control wages paid and hours worked. Even with the best of intentions, employers have difficulty navigating the many laws and regulations, and audits may protect employers from, or minimize, liability.
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Our Process
As a first step, your assigned legal team will gather and review records related to your claim, including any employment contract or offer letter, time sheets, any relevant communications, and any disciplinary actions, including performance improvement plans or termination paperwork.
These documents will help your attorneys evaluate your claims and develop a strategy to obtain the best results for your situation.
Once your legal team completes the initial investigation, they will work with you to determine the best legal strategy for your situation. Your legal team will make recommendations and will work with you to formulate the most effective approach to obtain your desired outcome.
After you and your legal team formulate the strategy, your legal team will advocate on your behalf to obtain your desired outcome. This could include negotiating a separation package, engaging in pre-suit negotiations, sending a demand letter, and/or filing a charge of discrimination or lawsuit on your behalf.
The attorneys at BT Law are experienced trial lawyers and will advocate for your rights in the courtroom as necessary.
What Our Clients Say
I can’t speak highly enough of my experience with Anisley and team at BT Law Group. I was in a very vulnerable position being laid off from my corporate job of 10 years at 8 months pregnant. The team asked all of the right questions with a very…
Katharine S.
Now that my case has been finalized, I would like to take this opportunity to publicly express my sincere admiration and gratitude to Anisley Tarragona and Jason Berkowitz for their outstanding professionalism and superb legal expertise applied…
Hiram V.
From start to finish, they were incredibly skilled, knowledgeable, compassionate and supportive. Their expertise gave me confidence at every stage, and their dedication could be seen throughout the entire case. They explained every step in clear terms…
Sammy E.
I was very pleased with my experience with BT Law group. Both Jason and Anisley were professional and answered all my questions. They believed in me and my case and for that I am forever grateful. Jason fought for me and justice was served. I recommend…
Allycia C.
I recently found myself in the midst of an employment and labor dispute crisis, desperately seeking legal assistance to navigate the complexities of the situation. After screening multiple firms, I was fortunate to discover BT Law Group…
Marc O.
Trusted advisors
Jason D. Berkowitz is a Founding Partner of BT Law Group, PLLC. Prior to starting BT Law, Mr. Berkowitz was a Partner in the Miami office of a national labor and employment law firm where he represented management exclusively.
Anisley Tarragona is a founding partner of BT Law Group, PLLC. Prior to starting BT Law, Ms. Tarragona worked in the Miami office of a national labor and employment law firm where she represented management exclusively. Ms. Tarragona, who was born and raised in Cuba, is fluent in Spanish.
