What Actions Can I Take if My Employer Won’t Pay Me Overtime?

Is your employer failing to pay you overtime? As an eligible Florida employee, you’re entitled to overtime compensation and can take legal steps to secure fair pay. After ensuring that you’re eligible under federal overtime laws, an overtime attorney can help you move forward with the appropriate legal actions. 

Keep reading to learn more about the steps to take if your employer won’t pay you overtime in Florida. 

Who’s Eligible for Overtime in Florida?

Florida defaults to federal law for overtime protections. Federal overtime regulations are provided in the Fair Labor Standards Act, or FLSA, which requires employers to pay non-exempt employees a minimum of 1.5 times base pay for hours exceeding the 40-hour work week. 

Exempt employees under the FLSA include salaried employees performing professional, administrative, or executive duties. To be considered exempt, employees must earn a minimum weekly amount set by the U.S. Department of Labor. 

The FLSA also includes a limited exemption, which states that employees with duties primarily involving law, teaching, or medicine may be considered exempt, even if they earn less than minimum weekly amount set by the U.S. Department of Labor. 

What to Do if Your Employer Won’t Pay Overtime

If you’re an eligible employee under the FLSA, have worked longer than a 40-hour work week, and your employer is failing to pay overtime, it’s time to evaluate your options. 

One option is to file a complaint with either the Florida Department of Labor or the Department of Labor’s Wage and Hour Division. These departments will evaluate your claim and have the legal power to hold your employer accountable.  

Unfortunately, this route can be slow, and you’ll have to rely on a government investigator to move forward. If you want to take immediate action, contacting a Florida overtime attorney may be a preferable option. A seasoned attorney can build a case against your employer to reap your rightful compensation. Your attorney can also ensure that your rights are protected should your employer attempt to retaliate against you for bringing a FLSA claim.  

The experienced overtime attorneys at Weldon & Rothman, PL are here to recover the overtime pay you deserve. Reach out to us today for a free case review!