If you have been denied overtime, paid less than is required by law, or misclassified as an employee, you may be able to collect back wages, as well as other damages, through a wage and hour lawsuit. An experienced employment law attorney can help you understand the applicable tenets of the law and take the legal action necessary to uphold your rights.
At Lancaster & Eure, we will help you understand and fight for your rights as an employee in the state of Florida. We handle many types of employment and wage related cases on behalf of employees like you, and our goal is to successfully represent you, making sure your rights are not denied and that you get the compensation you deserve.
Understanding the law and how it applies to your unique situation can be complicated, but we will make sure you understand your rights and are well prepared to fight for them. For example, the Fair Labor Standards Act (FLSA) gives employees the right to a file a private legal action against an employer for unpaid minimum wages, overtime, and/or monetary damages if they have been wrongfully discharged or discriminated against for filing a lawsuit. If multiple employees have experienced similar FLSA violations, they may be able to file a collective action to recover unpaid wages. In addition, salaried employees are not automatically exempt from being paid overtime just because they are paid a salary. If their salary is less than $455 per week and their job duties are those of a non-exempt employee, then they are also entitled to overtime pay under the law.
It can be difficult to determine whether an employer’s actions are actually illegal and if you should pursue a lawsuit. In addition, you may be concerned that your decision to hire an attorney can lead to further problems for you at work. Consulting with us at this stage of the game is especially important because we can address your concerns, investigate potential wage and hour violations, and help you pursue the best course of action. In many cases, employers have their own legal counsel or have hired a team of attorneys to represent them and reduce the risk of litigation. In these cases, we can help protect your rights and improve your chances of filing a successful claim.
Under the FLSA, employees are entitled to the difference between the amount they were paid and the amount they would have received had their wages been calculated properly. Additionally, wronged employees can recover interest and attorneys’ fees. In Florida, employees are allowed to sue for this compensation owed for up to two years prior to the filing of the case, and if the court determines your employer “knew” or “willfully disregarded” FLSA regulations, you may be able to recover up to three years of back pay.
Contact the experienced, knowledgeable wage and hour dispute attorneys at Lancaster & Eure to schedule a free consultation and review of your case. With 70 years of combined experience in trial practice and litigation, Lancaster & Eure attorneys have the knowledge and expertise in employment law in Florida to help you prepare and win your case. We are here to help. Please call (941) 365-7575 to speak with an attorney today.