Working overtime but not getting paid for it? You’re not alone. Too many Florida workers are denied their rightful wages, leaving them frustrated and financially shortchanged. If your employer refuses to pay overtime, Kaplan Employment Law can help you fight back.
Kaplan Employment Law helps Florida workers recover unpaid overtime wages. With a proven track record of success in wage and hour disputes, our wage dispute lawyers in Florida are ready to amplify your voice and hold your employer accountable. Learn your rights, calculate overtime pay, and take action against wage theft – contact Kaplan Employment Law today.
What Are Florida’s Overtime Laws?
Under the Fair Labor Standards Act (FLSA), Florida employees are entitled to overtime pay at 1.5 times their regular hourly rate for hours worked beyond 40 in a single workweek. Despite this, many employers ignore these laws, leaving workers underpaid and unsure of their rights.
Overtime pay isn’t a privilege—it’s a legal right for non-exempt employees who work beyond 40 hours in a week. Still, many employers ignore these rules, leaving workers uncertain about their rights and how to recover unpaid wages.
How to Calculate Overtime Pay in Florida?
Understanding how to calculate overtime pay ensures you receive the full amount you’re owed. Follow these steps to determine your overtime wages:
- Find Your Regular Hourly Rate: Divide your weekly earnings (before overtime) by 40 hours.
- Calculate Your Overtime Rate: Multiply your hourly rate by 1.5.
- Multiply by Overtime Hours Worked: Multiply your overtime rate by the total hours worked over 40 in a week.
Example: If you earn $15/hour and work 50 hours in a week:
- Regular hourly rate: $15
- Overtime rate: $15 x 1.5 = $22.50
- Overtime hours worked: 10 x $22.50 = $225 in overtime pay
For tipped employees, overtime pay must be calculated based on the full minimum wage—not just the reduced cash wage.
If you believe your employer has underpaid or denied you overtime, Kaplan Employment Law can help.
Who Qualifies for Overtime Pay?
Most hourly workers in Florida are entitled to overtime pay. However, some employees are considered “exempt,” meaning they do not qualify to earn overtime pay.
Exempt employees include:
- Executives: supervisors, managers, department heads
- Administrative: Office roles with decision-making authority
- Professionals: Jobs requiring specialized education or training
- Outside Sales: Employees selling directly to customers, working outside the office.
- Computer-Related: IT professional like software engineers
If your offer letter states you are ‘exempt,’ but you don’t perform exempt duties, your employer may be misclassifying you to avoid paying overtime. Kaplan Employment Law can help you determine your true classification and recover your wages.
If you’re unsure whether you qualify, our unpaid overtime dispute lawyers can review your case and determine your eligibility.
Common Overtime Pay Violations in Florida
Employers use many tactics to deny overtime pay. Recognizing these violations can help you fight for what you’re owed.
Misclassification of Employees as Exempt from Overtime Pay
Some employers wrongly classify workers as exempt from overtime pay, even though their job duties don’t meet the legal requirements for exemption. You may be misclassified as “exempt” if:
- Your employer incorrectly labels you as a manager or supervisor.
- You’re paid a salary but perform duties that qualify for overtime.
- You’re treated as an independent contractor, even though you meet the legal definition of an employee.
Unpaid Off-the-Clock Work
If you’re asked to work before clocking in, stay late after clocking out, or complete tasks during unpaid breaks, your employer may be engaging in wage theft. This time should be compensated.
Incorrect Overtime Calculations
Employers may calculate overtime based only on base pay, excluding bonuses or commissions, which should be included in the regular hourly rate.
Denial of Overtime to Salaried Employees
Salaried employees may still qualify for overtime if they’re classified as non-exempt under the FLSA. Your payment method doesn’t exempt your employer from paying you for extra hours worked.
What Compensation Can You Recover in an Overtime Dispute?
Victims of unpaid overtime disputes can recover far more than just the wages they’re owed. The law allows for additional damages to ensure you’re fully compensated for your employer’s violations.
Back Pay for Unpaid Overtime
Back pay covers the wages you were entitled to but didn’t receive. This includes all hours worked beyond 40 per week at the correct overtime rate.
Liquidated Damages
Liquidated damages often equal the amount of back pay owed, effectively doubling your recovery. These damages are meant to penalize employers who knowingly violate overtime laws. For example, if you’re owed $5,000 in back pay, liquidated damages could double your recovery to $10,000.
Attorney Fees and Court Costs
Filing a legal claim shouldn’t add to your financial stress. Successful cases typically include reimbursement for your attorney’s fees and court costs, ensuring you’re not burdened by the expense of pursuing justice.
If you’ve experienced unpaid overtime, our experienced wage dispute attorneys can help you calculate the full extent of your damages and recover the compensation you deserve.
If your employer has withheld overtime pay, you may be entitled to more than just back pay. Kaplan Employment Law will fight to recover the full compensation you deserve.
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FAQs about Unpaid Overtime Disputes in Florida
How do I know if I qualify for overtime pay?
If you’re a non-exempt employee working more than 40 hours a week, you’re legally entitled to overtime.
What if my employer says I’m salaried and don’t qualify?
Being salaried doesn’t automatically exempt you from overtime. If your job duties qualify under the FLSA, you may still be eligible for overtime pay.
What is the statute of limitations to sue for unpaid overtime in Florida?
Two years is the statute of limitations to sue for unpaid overtime pay in Florida. If your former employer is deemed to have willfully violated the overtime laws, a three-year statute of limitations period may apply. A willful violation of the overtime law is when an employer has actual knowledge of a violation or shows reckless disregard for whether the conduct was prohibited by the overtime laws.
Can I sue for unpaid overtime pay if I’ve already left my job?
Yes. Former employees may sue for unpaid overtime pay so long as a lawsuit is filed within the statute of limitations.
What if I’m fired after reporting unpaid overtime wages?
That’s illegal retaliation. You may have additional claims under FLSA protections.
Do I need a lawyer to handle my overtime dispute?
While you can file on your own, having an experienced wage lawyer increases your chances of recovering the full amount you’re owed.
Contact an Unpaid Overtime Dispute Lawyer in Florida Today
Unpaid overtime is not just unfair—it’s illegal. If your employer has denied you the overtime wages you’ve earned, you have the right to take action. At Kaplan Employment Law, we are determined to hold employers accountable and fighting for the overtime wages you earned.
Don’t let your hard-earned money go unpaid. Kaplan Employment Law is here to help. Schedule your consultation with a Fort Lauderdale employment law attorney now.
