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Employment Law Attorneys
Southwest Florida
Weldonrothman

Overtime / Minimum Wage / FLSA / Commissions / Wages

We have extensive experience representing individuals and groups of individuals seeking the recovery of overtime compensation, minimum wage, tips, commissions and other unpaid wages.

The Fair Labor Standards Act (FLSA) provides employers with certain minimum requirements for employee compensation. Specifically, the FLSA requires that employers compensate non-exempt employees at a rate of not less than one and a half times their regular rate for all hours worked in a week over forty (40). Moreover, the FLSA requires employers to pay at least minimum wage.

Some common FLSA violations are as follows:

(a) classifying an employee as a manager for FLSA purposes when the employee is really not a manager for FLSA purposes;

(b) classifying an employee as an independent contractor when the employee is really an employee;

(c) requiring the employee to work "off the clock" either before or after work;

(d) allowing the employee to work "off the clock";

(e) compensating the employee on a salary basis when the employee should be compensated on an hourly basis;

(f) compensating the employee "straight time" for overtime hours work;

(g) refusing to compensate a non-exempt employee for overtime hours worked for any reason;

(h) not counting travel time that is part of the employee's work for compensation and/or overtime purposes (i.e., travel time between job sites);

(i) not counting an employee's short breaks or "working" lunches for compensation and/or overtime purposes;

(j) not counting an employee's work from home for compensation and/or overtime purposes;

(k) not counting an employee's time spent at required meetings and/or training sessions for compensation and/or overtime purposes;

(l) not counting an employee's time spent "on call" for compensation and/or overtime purposes when the employee's freedom is restricted or the employee is engaged to work;

(m) combining work weeks to avoid paying overtime (i.e., an employer that averages two work weeks together to cheat the employee of overtime in one of the weeks);

(n) failing to compensate non-exempt employees for special projects off the schedule;

(o) failing to compensate or pay overtime to "interns" or "volunteers" when the "intern" or "volunteer" is really just an employee;

(p) failing to provide an employee with the employee's final paycheck, which may include overtime;

(q) tip pool violations; and

(r) managers or non-tipped employees sharing tips with tipped employees.


When selecting a law firm to help you, please consider the following:

(1) We take a different approach to client interaction from many other law firms that handle overtime violations. Here, you will have a free initial consultation with an actual Florida Bar board certified employment law attorney, not with a paralegal, legal assistant, investigator, intake coordinator, or inexperienced lawyer. From that point, you will work together with your attorney on your case. The attorney is available to update you, prepare you, and answer your questions along the way. At Weldon & Rothman, PL, nothing is more important than our clients, and our belief is reflected in the consistent personal interaction you will receive from your attorney throughout your case.

(2) We pride ourselves on our service to and our exclusive focus on Southwest Florida: Naples, Ft. Myers, Sarasota, Bonita Springs, Estero, Marco Island, Immokalee, Port Charlotte, Punta Gorda, Cape Coral, Lehigh Acres, North Port, Bradenton, Collier County, Lee County, Charlotte County, Manatee County, and Sarasota County. We have convenient offices in Naples, Florida, Ft. Myers, Florida, and Sarasota, Florida. We concentrate all of our efforts on serving and advocating for the people of Southwest Florida. This means that your case will be handled by a local employment lawyer who is available to meet with you in person, and who is familiar with the area's legal community.

At Weldon & Rothman, PL, we have significant experience recovering compensation for current or former employees who have not been properly paid for their work. Importantly, it is unlawful for an employer to retaliate against a current or former employee for making a FLSA complaint. There is absolutely no reason to wait. You worked hard. You deserve your full and proper compensation as required by law. Additionally, the law allows you to recover liquidated damages (i.e., double the amount of overtime due) against your current or former employer.

If you or someone you know has received anything less than proper compensation from an employer, please call today for a free consultation with a Florida Bar board certified employment lawyer. The consultation is free, and there are no attorneys' fees or costs whatsoever unless we recover money for you.

You earned it. We can help you collect. Please call us for a free consultation.