Wage and hour law is an aspect of employment law. Employment law encompasses wrongful termination, harassment, abuse, a hostile work environment, unpaid wages, retaliation, and all sorts of different claims. The wages earned in overtime work can intersect with a lot of those of different claims. If someone makes a claim that they were not paid minimum wage and their employer fires them, they have an additional employment law case of wrongful termination and retaliation against the employer.
If you are not receiving fair compensation for your hours worked and believe that you have a claim worth pursuing, contact our Clearwater wage and hour lawyers or unpaid wages attorneys today to begin seeking the compensation you deserve.
Clearwater Wage and Hour Cases and Claims
Wage and hour cases and claims are when an employee disputes the amount of wages they were paid or what was withheld from them. Hour cases are when an employee disputes whether they work more than 40 hours in a week to be getting paid time and a half for overtime. They may dispute the hours they worked to show that what they were paid does not even meet the requirements for minimum wage.
These are the types of claims that fall under the area of wage and hour law. If an individual feels that their employer is paying straight time or half time for overtime as opposed to the time and a half they are required to pay, the individual may have a dispute for the wages they are paid or the hours you worked with the help of a wage and hour attorney in Clearwater. The burden is on the employer to prove exactly how many hours each employee works.
Common Types of Claims
Often, people are not paid for overtime services, they are not paid time and a half. In some cases, an employer misclassifies employees by saying that they are independent contractors or managers when they are not. Some employers try to create exemptions for employees by paying them a salary which is not proper under the FLSA. There are people who work through lunch breaks or work off the clock who are not paid their deserved overtime or do not receive any payment for those hours if they did not work more than 40 hours a week.
Off the Clock Shift Work
An employee should be paid for any time that they are working. Whether or not they are technically clocked in, if an employee is doing work at their place of employment, they should be getting paid for it and they should be clocked in. If a supervisor asks an employee to not clock in, they should keep their time by hand and let their employer know at the end of the week that they worked extra time to make sure that they are paid for it.
It does not matter whether an employee has not clocked in or has already clocked out, if an employee is working and is not clocked in, they need to immediately clock in or keep track of that time and let their manager know that they worked off the clock for however many hours that week. If an employee is working from home, they need to let their manager know how many hours they worked from home so they can be paid those hours. Working at home still counts toward wage and overtime if an employee accrues more than 40 hours in a work week.
Wage and Hour Laws in Clearwater
Everyone needs to know that employers must pay employees at least minimum wage for 40 hours a week. If their employees work more than 40 hours a week, the employer must pay their employees time and a half for any hours in an individual week that are more than 40 hours.
Additionally, employers must have proper time keeping record management. If a claim is brought, they have the burden of proving exactly when and how the employee worked, how they clocked in and out, and when they took their breaks. If an employer is not keeping track and an employee feels they are working more than 40 hours a week or they feel they are not making minimum wage, the employee should seek the counsel of a Clearwater wage and hour attorney so that they can check to make sure that the employee is receiving the wages they have earned. The current minimum wage in Clearwater is $8.05 per hour for non-tipped employees.
A common misconception surrounding wage and hour law is that if someone is a salaried employee, they are exempt from wage and overtime issues. A salaried employee can be an hourly employee depending on their job requirements, what they do, and their status. Just because an individual makes $20,000 a year, that does not mean they have a salary of $20,000 and it does not mean they are exempt from wage and hour issues.
Contacting a Clearwater Wage and Hour Lawyer
The best thing to do if you are facing wage and hour issues in Clearwater is to call an attorney. An experienced wage and hour lawyer in Clearwater can file the appropriate paperwork to put your employer on notice that you have unpaid wages. There is no risk to the employee for calling an attorney at this time because the employer must pay all the attorney’s fees and costs if the employee is successful. Many lawyers take these types of cases on contingency.
There is not much risk for the employee. If the employer ignores an employee or an attorney’s letter, the attorney knows the appropriate steps to take to file a lawsuit. It costs money to file a lawsuit and bring a case through litigation, but all of those costs and attorney’s fees can be recouped by the employer if you are successful in your wage and overtime case.