3 Commonly-Believed Myths About Overtime Laws in Tampa and What You Can Do Now if You Are Owed Overtime Pay

There is no question that many Tampa workers put in long hours at work to support their families, but not everyone receives the overtime pay they are legally owed. Confusion about overtime laws is extremely common among Tampa workers, and unfortunately, some Tampa employers take advantage of that confusion. As such, whether you work in hospitality, healthcare, retail, construction, or an office setting, it is important to understand your rights under federal and Florida overtime laws. Here we bust three of the most commonly-believed myths about overtime pay in Tampa, and discuss what you can do now if you think your employer owes you compensation for overtime.

Myth #1: “I’m on salary, so I don’t get overtime pay.”

One of the biggest misunderstandings about overtime laws in Tampa is about salaried work versus hourly work. Many Tampa workers believe that being paid a salary automatically makes them exempt from overtime. However, in reality, under the law, it is your job duties, not your job title or pay structure, that determine whether you qualify for overtime.

Under Florida and federal laws, most Tampa workers must receive overtime pay at time-and-a-half for all hours worked over 40 in a workweek. Only certain employees, such as some managers, professionals, and administrative workers who meet strict requirements, are exempt. In sum, if your primary duties are the same as hourly employees or you have little control over your work, you may still be entitled to overtime even if you are salaried.

Myth #2: “My boss says I’m an independent contractor, so overtime laws don’t apply to me.”

The unfortunate reality is that many Tampa employers misclassify workers as independent contractors to avoid paying overtime, benefits, and payroll taxes. However, it is important to keep in mind that the label your employer uses is not what matters. Instead, Tampa courts look at factors such as whether the employer controls your schedule, whether you use the employer’s tools or equipment, whether your work is central to the business, and other factors under the law. Accordingly, if you are treated like a regular employee but paid as an independent contractor, you may be owed significant unpaid overtime and other damages.

Myth #3: “I can’t get overtime because I agreed to work off the clock.”

Simply put, no employer in Tampa can avoid paying overtime simply because an employee “agreed” to work extra hours without pay. Off-the-clock work, such as answering emails after hours, preparing before a shift, staying late to finish tasks, or working through breaks, must be counted toward your total hours worked under Florida and federal laws.

Even if you signed paperwork or your employer has a policy against overtime, the law still requires payment for all hours worked. Employers cannot pressure you into working for free, and they cannot retaliate against you for asking to be paid correctly.

Where to Get Legal Help with Your Overtime Pay Case in Tampa

If you work in the Tampa area and you have been cheated out of overtime pay, the time is now to speak with an experienced Tampa unpaid overtime lawyer. The experienced Tampa unpaid overtime lawyers at the law firm Florin Gray are here to help Tampa workers get back pay for overtime hours worked due to them. Contact Florin Gray today and speak with a lawyer about your case now.