Tampa Unpaid Wage Theft Lawyer
You work hard for a living and deserve to receive the wages you have earned. Sadly, many employers fail to pay their employees fairly or misclassifying workers so they can pay them less. If so, then they are entitled to receive, unpaid overtime. If you have been a victim of wage theft, contact Florin Gray. Our Tampa unpaid wage attorneys are dedicated advocates for Florida workers.
Why Choose Us?
We are very selective in the cases we handle so we can provide our clients with the respect and attention they deserve. Our Tampa employment lawyer has more than 100 years of experience, handling a wide range of employment law matters. We take a hands-on approach to our cases, devising comprehensive strategies specifically tailored to your needs, and aggressively litigating to recover maximum compensation.
When Do I Need a Lawyer?
If your employer has failed to pay you all the wages you are owed, you may have a claim for compensation. Florida does not have a state agency that enforces wage and hour laws. Your options to enforce your rights to wages are:
- Filing a complaint with the federal Department of Labor; or
- Filing a lawsuit.
In either case, having an experienced employment lawyer representing you can make all the difference in the outcome of your case.
Defining Wage Theft in Tampa
Wage theft is a term that refers to a variety of infractions that result in workers not receiving their legally or contractually promised wages. It may involve:
- Not paying minimum wage
- Non-payment of overtime
- Not paying for all hours worked
- Not giving workers who leave the job their last paycheck
- Not paying a worker at all
Wage Theft Laws in Florida
Under the Florida Constitution, Article X, Section 24. Florida minimum wage, workers are guaranteed a minimum wage. This law also provides for an automatic increase in the minimum wage every year. The minimum wage in Florida is $11.00 per hour. The Florida minimum wage is scheduled to increase to $12.00 on September 30, 2023.
Florida overtime laws defer to federal statutes. All non-exempt employees must be paid time and a half for every hour worked over 40 hours per week. Federal exemptions to the overtime rules apply in Florida. There are no state overtime laws that require additional pay for work on weekends or holidays. Vacation, holiday, and other pay for time not worked are not required in Florida.
Proving Wage Theft in Tampa
An employee suing for unpaid wages has the burden of proof. To establish an unpaid overtime claim, an employee must produce evidence showing that they work more than 40 hours a week. They must also show that they were not paid at one and a half times the regular rate for overtime hours worked.
Employers are required to keep accurate records of hours worked and wages paid. If the employer has failed to do so, the employee can establish the number of weekly hours worked with his testimony or an affidavit.
Damages You May Be Able to Recover
Employees may recover all unpaid overtime for the two to three-year period before the lawsuit was filed. Almost all employees who win wage theft claims are awarded liquidated damages, which doubles their recovery. In a claim for not receiving the minimum wage, an employee may recover back wages plus damages and attorney fees.
Contact Us Today
Our Tampa Bay attorneys at Florin Gray have a history of success handling a wide range of employment law matters. Contact us for a free consultation if you have been a victim of wage theft.