Florida Attorney-Danialle Riggins,Esq.

UNPAID WAGES-- WHERE'S MY MONEY?!

Employees are denied overtime wages, forced to work “off-the-clock,” paid below minimum wage, and not given their last paycheck. 

I am dedicated to protecting employees’ legal rights to ensure they

receive the wages they are entitled under both federal and state laws. 

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Federal Law 

Fair Labor Standards Act (FLSA)— Overtime and

Minimum Wage Compensation

We handle cases where the Fair Labor Standards Act (FLSA) has been violated by

employers.  FLSA is a federal law that generally requires employers to pay overtime

wages of time and a half (1 ½) to certain employees for work performed in excess of

forty (40) hours per week.  This may include employees who work forced to work

“off the clock” to those who were told they are “exempt” but truly are not.

Generally, if an employer knows or reasonably should know that covered employees

are working more than forty (40) hours per week, those employees should probably

be paid overtime.

After the 2004 amendments to FLSA, several employers mistakenly believed that if

their employees were paid a “salary” instead of “by the hour” then the employee was

“exempt;” and therefore, the employees were not entitled to overtime wages.  Salary

wages alone will not be enough to deny an employee from overtime compensation.

Consideration has to be given to the specific job duties performed by the employee

and the amount of wages before denial of overtime wages is appropriate.

If your employer has violated the FLSA, you may receive the following:

1. The unpaid overtime plus interest,
2. An additional amount equal to the unpaid overtime,
3. Costs and your attorney’s fees paid by the employer.

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State

Unpaid Wages

Florida's minimum wage is $6.79 per hour, effective January 1, 2008. If an employer

fails to pay you at least $6.79 for each hour you work either by not issuing you a

paycheck, improper withholds or deductions of some or all of your pay, your rights

have been violated.

If your employer has violated your right to be paid minimum wage, you be entitled to:

1.      The unpaid wages

2.      Interest

3.      Costs and your attorney’s fees paid by the employer.

Frequent Questions and Answers - Wage and Hour Law

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Results are not necessarily representative of results obtained by the firm, and the prospective clients' individual facts and circumstances may differ from the matter(s) in which the results are provided.