What to Do When You’re Not Getting Paid for Work You’ve Done

You’ve been putting in extra hours at work, staying late, coming in early, and maybe even working weekends. But when you look at your paycheck, something doesn’t add up. The compensation doesn’t seem to reflect all those additional hours you’ve worked. If this situation sounds familiar, you’re not alone. At BT Law Group, we understand the frustration and stress this can cause, and we’re here to help you understand your rights and options.

Your Rights to Fair Compensation

Before we explain your options, it’s crucial to understand your rights as an employee in Florida:

1. 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.
2. 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.
3. Timely Payment: Florida law requires employers to establish regular paydays and pay employees on these days.
4. 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:

1. Back Pay: The full amount of wages owed to you, including overtime
2. Liquidated Damages: Often an amount equal to your unpaid wages
3. 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:

1. Keep detailed personal records of your hours worked (along with all records required by company policy)
2. Understand your employment classification (exempt vs. non-exempt)
3. Know your rights regarding overtime and timely payment
4. Address pay discrepancies promptly with your employer
5. 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.