Miami Wage & Hour Lawyers

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
1.
Investigate

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.

2.
Formulate

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.

3.
Advocate

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.

Reviews

Jason and Anisley are one of the best decisions someone can make given the situation. They are knowledgeable, transparent, proactive and communicate with their clients. I have dealt with other attorneys in the past and I’m always frustrated because you don’t get information or you have to chase the attorney and staff down that’s not the case with them.

In finding the right lawyers to represent you, you want to have mutual respect and understanding for each other and clear communication to achieve your goals. BT Law Group is just that. They not only represented me to their fullest abilities, but went above and beyond to truly understand my goals and priorities and provide sound legal advice to achieve such. It was a pleasure working with both Anisley and Jason, I’d highly recommend them.

We very much enjoyed BT Law Group’s founding partner, Anisley Tarragona service and attention to detail. From the onset her approach was practical and conscious of providing the best legal advice while being mindful of suggesting cost effective, conservative solutions. We find her to be a great business partner to service all our employment related legal needs.

I received a prompt and very professional service by the BT Law Group. Ms Tarragona provides tailored advice in the best interest of the client. She was meticulous and explained the pros and cons of my case in very simple terms which allowed me to consider and take the best decision. Very happy with the service. Highly recommended.

Absolutely wonderful and professional services. Represented my mom in a caring and personalized manner. Knowledgeable and ethical. Thank you!

I always consult BT Law Group for employment law matters. They are responsive, practical and efficient. I recommend them to colleagues and friends.

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.