I Am Owed Money; How Do I Get Paid?
You work hard for your money, so when you learn that you are not being compensated in accordance with federal and state laws, it is normal to feel angry with your employer.
However, that anger will not likely result in securing the money you are owed. In fact, it could work against you.
Instead of turning an unfortunate situation to an adversary conflict, it is advisable to seek legal advice.
Do I Need an Attorney to Recover Money I Am Already Owed?
No. However, most wage and hour disputes are best resolved by retaining an experienced attorney who knows not only what you are entitled to under the law, but as equally important – how to notify your employee of their violations and obtain a peaceful resolution without delay (which is equally as important).
If I Tell My Employer That I Am Owed Money, Don’t They Have to Pay Me?
Assuming that your employer is up to date on federal and state regulations, perhaps they will pay you. Unfortunately, the truth is that many employers do not know what they are obligated to pay employees under federal and state laws. In these situations, employers will continue to violate your rights, whether knowingly or negligently. Either way, the result is the same – YOU ARE OWED MONEY.
How Much Will It Cost Me for Black Rock Trial Lawyers to Recover My Money?
NOTHING -you do not pay us a single penny unless we obtain a recovery for you. Under certain federal laws, your employer is even responsible for your attorneys’ fees
Do I Only Get Paid for What I Am Owed, or Does The Law Punish My Employer?
Under the Fair Labor Standards Act (FLSA), a willful violation can result in an award of liquidated damages, meaning a potential award that is DOUBLE the amount of the unpaid overtime or unpaid minimum wage violation. These claims can date back between 2 to 3 years of employment.
What are Common Wage and Hour Disputes?
It is unlawful for employers to deny “non-exempt” employees overtime compensation at a rate of one and one half times their regular hourly rate for all hours worked in excess of 40 in a given work week. For example, if an employee works 45 hours in a given work week, they must be compensated their regular hourly rate for the first 40 hours, and compensated at an overtime premium of one and one half times their hourly rate for the additional 5 hours. See calculation below:
Regular rate -$15.00 per hour x 40 hours = $600.00
Overtime rate – $22.50 x 5 hours = $112.50
Total – $600.00 + $112.50 = $712.50
Unpaid Minimum Wage
It is unlawful for an employer to deny an employee at least minimum wage for all hours worked in a given workweek. Federal and state laws set minimum wage requirements. An employer must pay the higher rate between federal and state requirements. Under Florida law, employers must pay an employee at least $8.05 per hour. For example, if an employee works 40 hours in a given work week, their employer must pay them at least minimum wage for all 40 hours. see calculation below:
Minimum wage – $8.05 per hour x 40 hours = $322.00
Unpaid wages (bonuses or commissions)
Under Florida law, it is unlawful for a person to agree to compensate someone for services and then deny payment of wages after the service has been performed. For example, if an employer hires an employee to install air conditioning units and agrees to pay them $200.00 for each unit installed, they must compensate the employee at $200 per unit installed. See calculation below
Wages for services – 5 units installed x $200.00 per unit = $1,000.00