Unpaid Overtime Lawyer in Miami, Florida

When the employees are working on the holidays or weekends, they are still underpaid. In Miami, employers underpay their employees to save money, which is unfair. When hardworking and honest employees are not paid properly, their workplace rights are violated. At the Law Office of Garcia Hernandez, P.A., we are dedicated to helping employees who are remaining unpaid.

At the Law Office of Garcia Hernandez, P.A., our Miami unpaid overtime lawyers are experienced in helping employees who are owed unpaid overtime, whether for individuals or groups. We take pride in being trial lawyers and will file a lawsuit if it leads to the best possible results.

Understanding the Unpaid Overtime Law

A federal law, the Fair Labor Standards Act, sets a few rules for the minimum wage and overtime pay for workers in both the private and government sectors, whether full-time or part-time. As per this law, the employer must pay “premium pay” to employees working overtime. Employees who work for each hour over forty within a week can receive time-and-a-half pay. Until the working hours do not exceed 40, no extra payment is paid for weekends and holidays.

Most employees are allowed to receive overtime pay under the Fair Labor Standards Act (FLSA). Florida allows the federal overtime laws, under which employers in Miami have to comply with these standards legally. However, it is unfortunate that many employers fail to meet these standards. They use strategies to avoid overtime pay. They are knowingly or unknowingly violating the labor laws.

Wage and Hour Dispute Attorney for Miami-Dade, Collier County, and Broward

In some cases, it is seen that the employers have mislabelled the employees to cut down on the payroll. It is a common strategy used by the industries throughout Broward, Miami-Dade, Collier County, St Lucie County, Martin County, Indian River County, Pt. St Lucie, Treasure Coast, Ft. Pierce, Vero Beach, Jensen Beach, Jupiter, Deerfield Beach, Riviera Beach, and Delray Beach. The employees are classified as “salaried” instead of “hourly employees”. This tactic helps employers to make employees work longer hours without paying extra. Some employers are ready to offer cash to work off the clock, but still refuse to pay the employee overtime.

About Unpaid Overtime

Are you working more than 40 hours a week, but still getting excuses and not receiving the overtime pay?

Then, you are not alone; many others like you are struggling with this situation. You may be entitled to back wages if you are not receiving overtime pay after working more than 40 hours a week. But you don’t need to be stressed. Our law office, Garcia Hernandez, has experienced lawyers representing hardworking employees for their rights across Miami, Florida. For those employees who have not been receiving the overtime compensation they deserve. Our unpaid overtime lawyers are capable of helping you understand your rights.

Contact our Miami-Dade employment law firm if you are not paid for your overtime hours. You can schedule a free consultation with our unpaid overtime attorney in Miami today.

Our Miami, Florida, Unpaid Overtime Lawyers will fight for your rights and help you to get the compensation you have earned. If the employer asked you to work off the clock and ignored the laws for overtime, we have the proper knowledge and determination to help you get your rights.

What are the common Unpaid Overtime Violations?

If you found that you are not being paid properly by the employer, then your doubt can be right. Employers can refuse to offer you overtime pay. Here are some common points through which you can find that the employers violate the overtime laws.

Sometimes, some employers classify their employees. If you are classified as “salaried,” that doesn’t mean you are not given overtime pay. Misclassifying the employees as exempt or independent contractors can lead to overtime violations.
If the employees are forced to work “off the clock,” this is an unpaid overtime violation. The work “off the clock” may include working through the break time.
When the time records are not kept accurately, the employers are legally responsible. The employers are responsible for tracking the employees’ work hours properly.
Employers may try to avoid paying overtime when they cannot average their hours over multiple weeks. This can be a common unpaid overtime violation.
If your employer is not paying for the unauthorized overtime, this is an unpaid overtime violation.

If you find any of the points familiar, you should understand that it is time to talk to a lawyer and take action. At the Law Office of Garcia Hernandez, P.A., we have a team dedicated to helping the unpaid employees with experience. We are renowned for maintaining a track record of success in litigating disputes related to employment.

What are the eligibility criteria for Overtime Pay?

It is also important to understand that not all employees are eligible to receive overtime pay. Only those employees who have been paid hourly, performed the routine, and earned less than the FLSA salary threshold are eligible for overtime pay. One may be exempt if the person is in an administrative or professional role. When people earn above the salary threshold, they can meet certain tests if the job duties require it. Employers play a trick by classifying workers as “exempt” to avoid overtime pay. An experienced lawyer can help determine whether you are eligible for overtime pay.

What Can You Recover in an Unpaid Overtime Claim?

After you talk to the right and experienced lawyer, they will explain your eligibility for overtime pay and every step of the process. Suppose the employer refused to pay you overtime. In that case, you can recover an attorney’s unpaid back wages, fees, and legal costs, and the double amount owed for liquidated damages. In some cases, the law allows the victim to recover their unpaid wages for a long time, like 2 years, if the employer’s violation is purposeful.

Who will be your ideal Unpaid Overtime Lawyer in Miami?

While you are going to find an Underpaid overtime lawyer in Miami, you need to look for some important points and features of the lawyer that can make him a perfect choice for your case and can offer the possible outcomes of the case with the judgment in your favor.

Expertise in Wage and Hour Law:

The most important feature that an unpaid overtime lawyer should have is experience. The lawyers should completely understand the Fair Labor Standards Act and wage laws. They should know about the employers’ tactics, so they can opt to avoid paying overtime.

Experience with Unpaid Overtime

Select a lawyer with a successful track record representing employees in unpaid overtime disputes.

Strong Litigation Skills

If you file the case and the case goes to the court, you need a lawyer with significant experience and a reputation that can make him a strong advocate.

Communication Skills

The lawyer’s communication skills matter the most when the case goes to court. Your lawyer should have strong communication skills so they can easily explain the complex legal issues that can help in the case’s progress.

Reviews

When choosing a lawyer, you can check the clients’ reviews and testimonials to help you understand if the lawyer suits your case.

Legal Excellence of Our Lawyers: Garcia Hernandez, P.A.

Based in Coral Gables, Garcia Hernandez is a well-known and reputable law office for those individuals who have been paid less even after overtime. Our lawyers have information regarding the local areas and laws that help them fight clients’ cases with the best outcome. We provide after-hours and weekend assistance to our clients. With our deep knowledge of the regional courts of Florida, we know the procedures of the courts and local magistrates deeply.

Why Choose Our Miami Unpaid Overtime Lawyers?

At the Law Office of Garcia Hernandez, P.A., we have a dedicated team, Henry Hernandez and Carla Garcia, both of whom are employee rights lawyers who are experienced and are known for maintaining a track record of success in resolving the legal disputes related to employment. Our experienced lawyers can handle the cases regardless of their complexity, and are committed to protecting the rights of the employees. The lawyers from the Law Office of Garcia Hernandez, P.A., are available to represent and fight your case for the best outcome. Our lawyers understand how frustrating it can be when you are not paid properly.

Contact Our Florida Law Firm About Wage and Hour Violations

If you are stressed for not being paid properly and require legal assistance, you don’t need to think twice; just contact Garcia Hernandez. We are committed to offering the best services to our clients, so we offer a free initial consultation. You can contact us through:

Call On: (305) 771-3374

Miami-Dade County: (305) 771-3374
Broward County: 954-601-5423

Office Address: The Law Office of Garcia Hernandez, P.A., 2655 LeJeune Road, Suite 802, Coral Gables, FL 33134.

Frequently Asked Questions for Unpaid Overtime Lawyer in Miami, Florida:

Question 1. How much must I pay for an unpaid overtime lawyer in Miami?

Answer. The cost you need to pay for an unpaid overtime lawyer in Miami can vary depending on the complexity of the case and the type of case it is. Being your supportive partner at Garcia Hernandez, we offer a free initial consultation and discuss the fees for further procedures in your case.

Question 2. How much time is required for the unpaid overtime case to settle in Miami?

Answer. The time for the underpaid overtime case to settle in Miami can take several months to years, depending on several essential factors, such as the case’s complexity and whether the employer is ready to negotiate. This procedure may take a long time to settle.

Question 3. Can the employer’s negotiation lead to a prolonged case?

Answer. Yes, an employer’s negotiation is an important factor. If the employer is willing to negotiate and wants to settle the case, then the case can be resolved faster. However, if the employer is not ready to negotiate, the process can take time to settle the case.

Question 4. Is it important to seek help from the law for unpaid overtime in Miami?

Answer. Yes, it is important to get the help of the law and take legal action if you are denied payment of your overtime wages. You can hire a lawyer, file a case against the employer, and get unpaid overtime pay in Miami.

Question 5. Why is taking the help of the law important for unpaid overtime?

Answer. By taking the help of the law, one may recover wages; the laws in Florida allow the person to recover a penalty. The laws in Florida protect the rights of employees. You can get help from the law to keep your rights secure.

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