Unpaid Overtime Lawyer Miami, Florida

Florida employers are cutting labor costs yet hanging onto the labor. They find ways to reduce costs by underpaying their employees. Unpaid overtime is unfair. Not paying hard-working employees well is similar to violating their workplace rights.

Our Miami Unpaid Overtime Lawyers are experienced in representing employees in both individual and collective unpaid overtime activities. At the Law Office of Garcia Hernandez, P.A., we undertake immense pride in being trial lawyers. So we will not think twice before filing a lawsuit if it promises the best outcome.

Most employees work more than 40 hours a week, but are not paid for overtime. The employers refuse to pay the employees for overtime just to save money, which is unjust. The hardworking employees should be paid timely for overtime. If any violation happens with the hardworking employee, then consulting an experienced attorney is a crucial step. The Law Office of Garcia Hernandez, P.A. in Miami, Florida, has experienced attorneys who can help those employees who have been denied overtime compensation.

Our experienced unpaid overtime attorneys have experience in representing employees in wage and hour disputes and can prosecute cases to get favourable results for the clients. Our attorneys can help the employees, whether individual or a group.

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

Fair Labor Standards Act (FLSA), the federal law establishes minimum wage, overtime pay eligibility standards for full-time and part-time workers within the private sector, state governments, federal, and local governments. Under this law, employers must provide “premium pay” to employees working overtime. For each hour over forty within a week’s work, the employee is entitled to receive time-and-a-half pay. No additional payment is required to be paid for holidays or weekends unless the work hours hit over 40.

In many cases, employers misclassify their employees to cut down on payroll. This is a common tactic used by 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. These employees classify workers as ‘salaried’ instead of ‘hourly employees’. This frees them up to make a staff member work longer hours without paying extra. Many offer cash for “working off the clock” and also for going beyond 40 hours. However, they still refuse to pay overtime.

At the Law Office of Garcia Hernandez, P.A., we have a dedicated team of employee rights lawyers experienced and renowned for maintaining a track record of success in mediating and litigating disputes related to employment.

We take up cases regardless of the level of complexity and pledge to protect your rights. Our lawyers will represent and fight your case for the best outcome.

Your Rights: Unpaid Overtime Explained

In Miami, the Federal Fair Labor Standards Act (FLSA) controls the unpaid overtime. According to this law, the employers have to pay “premium pay” to the employees. If the employees work 40 hours in week, then the employees should be entitled to one and a half times their pay. If working 40 hours is not completed in this timeline, then the employees are not paid any extra pay, even if working on weekends or holidays.

Some workers can be eligible for overtime pay under the Federal Labor Standards Act. In Miami, it is required to follow the federal overtime laws for both employees and employers. Employers use various techniques to avoid paying overtime to employees, which can violate labor laws, either intentionally or accidentally.

How can a Miami attorney assist with unpaid overtime claims?

An unpaid overtime attorney is a professional who specializes in those cases where employees are not properly paid for working overtime. They can represent the employees who believe they are not being paid properly and assist the employees in making claims to recover the owed wages. The main guide of an unpaid overtime attorney is on employment law and pay. An unpaid overtime attorney can provide essential services to employees who are owed overtime. Below is the clear breakdown that shows how an unpaid overtime lawyer can help:

Attorney Explains Florida Overtime Rights

1. An attorney can help to understand overtime rights by explaining them in understandable language. Florida follows the Federal Fair Labor Standards Act regarding overtime. For those employees who have worked for more than 40 hours in a single week, they are paid one and a half times their regular pay. Florida’s overtime laws don’t differ significantly from federal law, and an attorney can help ensure that your claims align with both Federal and state laws.
2. Many employees are categorized as “exempt” from overtime to avoid paying overtime. An attorney has the experience to analyze the job duties and responsibilities. He/she can determine if you are classified as exempt or non-exempt.

An Attorney’s Guide to Typical Offenses

An attorney can help identify the typical offenses or common violations by employers in the workplace. Here are some common violations in the workspace:

1. You are not paid for “Off-the-clock”, even working after or before the shifts.
2. Doesn’t add bonuses or commissions when calculating the regular overtime pay.
3. If you worked through the breaks, they will deduct the meal breaks.

The Investigative Process: Evidence

1. An attorney can review your records, including pay records, communication, or employment contracts, that can build a strong case.
2. They can identify the differences that can indicate the employer has failed to pay the employees for full pay for their labor.
3. If required for your case, then they can question the coworkers (witnesses) who have experienced the same issues regarding wages.

Strategic Action in your case

1. The first and crucial step is to send a formal letter to the employer to outline the unpaid wages.
2. Attorneys are experienced professionals who can work to offer you a favorable settlement with the other party without any court battle.
3. In the case where negotiations fail, the attorneys can file a lawsuit in the state or federal court.

Full Compensation

1. Attorneys can help you recover all the unpaid overtime wages. It is required to file the complaint within two years. It may take two to three years to recover the back wages.
   Under the FLSA, the liquidated damages double the unpaid overtime amount that can act as a penalty against the employer.
2. The employer is accountable for paying your attorneys’ fees. Due to this reason, many unpaid overtime attorneys work on a fee basis.
3. An attorney can help in case if your employer fights against you for filing the claim, as Federal and state laws protect employees from termination and harassment.

Helping with Complexities

1. The strict deadlines for filing unpaid overtime claims are only for two or three years. An attorney can help ensure that your claim is filed within the suitable timeframe.
2. In some cases, the employers try to delay or deny the case with their strategies. An experienced attorney can easily handle such tactics.

An unpaid overtime attorney can act as your advocate who can offer the legal expertise and guidance in recovering the wages you have earned with hard work. He/she can help earn the unpaid wages with a deep knowledge of the wage and hour laws.

How The Law Office of Garcia Hernandez, P.A. Handles Unpaid Overtime Claims?

The Law Office of Garcia Hernandez, P.A., based in Coral Gables, is a reputable law office that has experienced attorneys. The experienced attorneys have a deep knowledge of the local laws and help to fight the cases of the unpaid overtime with favourable outcomes. Our attorneys first understand your specific conditions and then offer assistance to the clients. The Law Office of Garcia Hernanadez, P.A. offers the proper guidance for the proceedings in the courts. A detail about how the Law Office of Garcia Hernandez, P.A. can handle the unpaid overtime claims:

• The attorneys at the Law Office of Garcia Hernandez, P.A. are committed to protecting the rights of employees. They help those who have not received their compensation for overtime.
• Our attorneys have the extensive experience to handle individual and group claims for unpaid overtime. They can offer the favourable outcomes of the case by offering you the appropriate assistance.
• A free initial consultation is offered by The Law Office of Garcia Hernandez, P.A. to discuss the situation of the employee and unpaid overtime claims.
• The law firm is dedicated to offering after-hours and weekend assistance to clients. Attorneys will advocate on behalf of their clients (negotiating separation packages, sending demand letters, and filing a lawsuit).
• The attorneys at the Law Office of Garcia Hernandez, P.A. are prepared to file a lawsuit if required for the favourable outcomes for the cases of clients for unpaid overtime.
• A legal team can gather the record, including communications and employment contracts, that evaluate the claims, and a strong legal strategy can be developed.

Attorneys | The Law Office of Garcia Hernandez, P.A

The Law Office of Garcia Hernandez, P.A., has experienced attorneys who can offer you suitable guidance for unpaid overtime cases. Our unpaid overtime attorneys, Henry Hernandez and Carla Garcia, have the experience to represent the employees with issues regarding unpaid overtime. Both attorneys have a record of success in legal conflicts related to employment.

Additional Practice Areas:

The Law Office of Garcia Hernandez, P.A., specializes in different practice areas, including:

• Other Employment Law issues (e.g., sexual harassment, discrimination, wrongful termination)
• Personal Injury
• Bankruptcy (Debt Consolidation, Foreclosure Defense)
• Real Estate Law

If you think you have been refused unpaid overtime, then consulting an attorney can help you understand your rights and legal options. Contact The Law Office of Garcia Hernandez, P.A. for a free initial consultation and assistance for further proceedings.

Contact Our Florida Law Firm about Wage and Hour Violations

In case, you have not been paid for overtime hours, get in touch with our Miami-Dade employment law firm office. Schedule a free consultation session with our unpaid overtime attorney today.

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

Contact Numbers for different locations:

Miami-Dade County: (305) 771-3374
Broward County: (954) 601-5423
Palm Beach County: (561) 286-7732
Martin County: (772) 763-1729

Website: hhlawflorida.com

People May Also Ask For Unpaid Overtime Attorney Miami

Question 1. What are the qualities of a good unpaid overtime attorney?

Answer. A good unpaid overtime attorney should have some qualities, including excellent communication skills and strong judgment. An ideal unpaid overtime attorney should have personalized care towards clients to build a strong connection. The attorney should have the ability to solve problems and a strong determination to guide and handle complex legal issues.

Question 2. Why is it crucial for an unpaid overtime attorney to have strong communication skills?

Answer. An unpaid overtime attorney must have strong communication skills to handle the unpaid overtime cases easily, even complex ones. The strong communication skills allow an unpaid overtime attorney to an effectively and make clear communication and arguments that can result in a successful debate with favourable results. These skills of the attorneys can help explain the complex legal concepts and convince employers of a favorable settlement.

Question 3. How can expertise in wage and hour law offer benefits to an unpaid overtime attorney?

Answer. Expertise of an unpaid overtime attorney in Wage and hour law can offer significant benefits in unpaid overtime cases. An unpaid overtime attorney can offer a solid base for understanding and applying the appropriate laws and restrictions. The complete knowledge of wage and hour law allows the unpaid overtime attorney to represent the clients by protecting the rights of the employees in legal proceedings.

Question 4. What is the Federal law for unpaid overtime in Miami?

Answer. In Miami, under federal law, employees are allowed to receive overtime pay if their working hours in a workweek are more than 40 hours. This overtime pay must be one and a half times the regular pay of employees. The overtime requirements are controlled by the Fair Labor Standards Act (FLSA). Yet, some employees are excused from this overtime pay who are in administrative or professional roles.