Wage and Hour Violations in Fort Lauderdale: Know Your Rights

At Salas Law Firm, we are committed to defending the rights of workers throughout Fort Lauderdale and South Florida who have experienced wage and hour violations. Employees are entitled to fair compensation for their labor, and when employers fail to meet their obligations, it is crucial to take legal action. Our experienced wage and hour violation attorneys provide aggressive representation to help workers recover lost wages, overtime pay, and other benefits that they are legally owed. Whether you work in an hourly position, earn a salary, or receive commission-based compensation, our team is here to ensure that you are paid properly for the work you do. 

Understanding Minimum Wage and Overtime Laws

Wage and hour violations occur when employers fail to comply with labor laws established by both federal and state governments. The Fair Labor Standards Act of 1938 sets a federal minimum wage. Many states also have minimum wage laws. States can’t make a lower minimum wage, but they can make the minimum wage higher than federal law requires. Different types of employees might have special considerations. For example, employers who have employees that earn tips may be able to rely on tips to make up some of the employee’s minimum pay.

Common Types of Wage & Hour Violations

• Unpaid Overtime: Under the FLSA, most employees who work more than 40 hours in a workweek are entitled to overtime pay at a rate of one and a half times their regular hourly wage. Unfortunately, many employers misclassify employees or manipulate time records to avoid paying overtime wages. If you believe you’ve been denied overtime pay, we can help you recover the wages you’re owed.
• Minimum Wage Violations: Employees must be paid at least the minimum wage for all hours worked. In Florida, the state minimum wage is higher than the federal minimum wage in some cases. Employers cannot pay employees below this rate, even if they are paid a salary, unless they meet specific exemptions. If you were paid less than the minimum wage, we will fight to recover the difference.
• Misclassification of Employees: Some employers misclassify workers as independent contractors or exempt employees to avoid paying overtime or providing benefits. If you believe that you have been wrongly classified as an exempt employee or an independent contractor, our attorneys can investigate your case and help you recover unpaid wages and benefits.
• Illegal Deductions: Employers are prohibited from making unlawful deductions from your paycheck. Deductions that are not in compliance with the law, such as for uniforms, equipment, or break times, are illegal if they reduce an employee’s wage below the minimum wage. If you’ve experienced unlawful deductions, we can help you seek compensation.
• Off-the-Clock Work: Some employers require employees to work before or after their scheduled shifts without compensating them for that time, a violation of wage and hour laws. If you’ve worked off-the-clock or been required to perform tasks during breaks, we can help you recover the wages for that time.
• Meal and Rest Break Violations: While federal law does not mandate meal and rest breaks, Florida law does protect employees who work for a certain amount of time, requiring paid or unpaid breaks. Employers who fail to provide breaks as required may be in violation of state laws.

Overtime pay

Employees have the right to overtime pay. The Fair Labor Standards Act says that an employer must pay time and half for any hours that an hourly employee works over 40 hours per week. While there’s no maximum number of hours that an employee can work in a week, the employer must pay overtime for each hour that an employee works over 40 hours in a week. There’s no right to overtime for working on a Saturday or Sunday if the employee’s total hours stay under 40. There’s also no limit to the number of days that an employee can work in a week.

How We Can Help

At Salas Law Firm, we offer comprehensive legal services for wage and hour violation claims. Our attorneys will:

• Evaluate Your Case: We begin by thoroughly reviewing your employment records, timesheets, pay stubs, and any other relevant documentation to assess whether wage and hour violations have occurred.
• Investigate the Employer: We will investigate your employer’s wage practices, including whether they have engaged in similar violations with other employees, and assess whether they have a history of wage-related issues.
• Filing a Claim: If we determine that you have a valid claim, we will help you file the appropriate wage and hour lawsuit, whether that is an individual claim or a collective class action lawsuit.
• Negotiation and Litigation: We will work with your employer to reach a fair settlement. If a settlement cannot be reached, we are prepared to take your case to court and fight for your rights.
• Recover Lost Wages: We will help you recover unpaid wages, overtime, and damages. In many cases, employees are entitled to recover not just unpaid wages, but also double or triple damages, depending on the nature of the violation.

Why Choose Salas Law Firm?

At Salas Law Firm, we understand that wage and hour violations can have a significant impact on your financial stability. Our team is dedicated to helping employees seek justice and recover the compensation they are entitled to. We offer personalized legal services and work tirelessly to ensure your rights are protected. When you work with our Fort Lauderdale wage and hour violation attorneys, you can count on:

• Experience: Our Fort Lauderdale wage & hour attorneys have years of experience handling wage and hour cases and understand the complexities of labor law.
• Results-Oriented Approach: We are committed to achieving the best possible outcome for our clients, whether through negotiation or litigation.
• Free Consultation: We offer a no-cost consultation to review your case and explain your legal options without any obligation.
• Contingency Fee Basis: We handle wage and hour violation cases on a contingency fee basis, meaning you don’t pay unless we win your case.

Contact Us Today

If you believe you’ve experienced wage or hour violations, it is important to act quickly to protect your rights. Contact the experienced attorneys at Salas Law Firm today for a free consultation. We will review your case, help you understand your legal options, and guide you through every step of the process. 

If you believe you’ve been denied proper pay or overtime, our experienced attorneys at Salas Law Firm can help. Contact us today at 954-420-6406 to discuss your case and protect your rights under the Fair Labor Standards Act.

Florida Wage & Hour FAQs

How do I know if I am entitled to overtime pay?

Most employees who work more than 40 hours per week are entitled to overtime pay at a rate of one and a half times their regular hourly wage. However, certain employees may be exempt from overtime pay, including executive, administrative, and professional workers, among others. If you're unsure whether you are entitled to overtime, an attorney can review your case and help determine your rights.

How can I prove I wasn’t paid correctly?

The most important evidence in wage and hour violations is your pay records. This includes pay stubs, timesheets, and any communications from your employer regarding pay rates or deductions. Keeping detailed records of your hours worked and pay received is essential for proving your claim.

What should I do if I suspect a wage and hour violation?

If you suspect a wage and hour violation, the first step is to keep a record of the hours you’ve worked and the wages you’ve been paid. You can then contact an experienced wage and hour attorney to help you assess whether a violation has occurred and discuss potential legal action.

How long do I have to file a wage and hour lawsuit?

In Florida, the statute of limitations for wage and hour claims is typically two years from the date the violation occurred. However, if the violation was willful, you may have up to three years to file a claim. It's important to act quickly, as waiting too long could result in losing your right to recover wages.

Can I file a class action lawsuit for wage and hour violations?

Yes, if multiple employees are affected by the same wage and hour violations, a class action lawsuit may be appropriate. Our attorneys can help you determine if you and other employees can file a collective action to recover damages.

What happens if my employer retaliates against me for filing a wage and hour claim?

Under both state and federal law, employers are prohibited from retaliating against employees for asserting their rights under wage and hour laws. This includes firing, demoting, or disciplining an employee for filing a complaint or lawsuit. If you face retaliation, we can help you pursue a separate claim for retaliation.

Can I recover damages for wage violations?

Yes, employees who are victims of wage and hour violations may be entitled to recover unpaid wages, overtime, and potentially double or triple damages, depending on the nature of the violation. You may also be entitled to legal fees and court costs.