Here is what you should do if your employer is not paying you minimum wage and/or overtime pay:
If your employer is not paying you minimum wage and/or overtime pay, you should file a complaint with the Wage and Hour Division of the United States Department of Labor. Keep in mind, however, not every employee is entitled to minimum wage and/or overtime pay. Employees entitled to minimum wage and/or overtime pay must be nonexempt under the Fair Labor Standards Act (“FLSA”). Moreover, employees covered under the FLSA that are able to provide evidence of wages below $7.25 per hour (as of July 24, 2009) or the failure of an employer paying overtime wages are entitled to file a complaint. Overtime pay under the FLSA requires an employer to pay the employee 1½ times the standard rate when an employee surpasses 40 hours in a workweek.
However, some individuals may be exempt under the FLSA. Therefore, they are not entitled to minimum wage and/or overtime pay. A person is likely to be exempt under the FLSA if the they are an independent contractor, an outside salesperson, a small farms worker, a switchboard operator employed by a phone company with less than 750 stations, an employee of a seasonal amusement business, an employee of a small local newspaper, a deliverer of newspaper, or an apprentice. This is just a brief overview of the categories exempt under FLSA. Moreover, even if your business is exempt from the Federal wage regulations, state and local laws may still apply to your business.
Filing a claim with the Wage and Hour Division is confidential and free. An employer is not allowed to terminate your employment or punish you as a result of filing a complaint against them. Furthermore, a complaint should be filed as soon as possible to avoid any potential problems with the statute of limitations.
If you are concerned about your employment rights in Miami-Dade, Broward, Monroe, Collier or Lee County Florida, schedule a consultation with the experienced attorneys at EPGDLaw today, located in beautiful Coral Gables. Call us at (786) 837-6787 or e-mail us to determine whether you have a claim.