Many times in Tampa, claims that revolve around major wage issues involve misclassified workers. This means that an individual is classified as a different type of employee than tthey are, for example, classifying them as a manager when they are not just so they do not have to pay them overtime.
They can be paid a salary instead of an hourly wage, which can create problems when bringing forward a claim.
If you believe you may have a wage issue in Tampa and are seeking legal representation, consult with an attorney as soon as possible. A knowledgeable wage and hour lawyer in Tampa can help to maximize any potential compensation you may be entitled to.
Potential Wage Claims
Unpaid overtime is a major wage issue in Tampa. Many times, employers will continue to pay an employee their hourly rate no matter how many hours a person works a week as opposed to paying them time and a half for any hours worked over 40 hours a week.
Minimum wage claims are also major issues in Tampa. Some employees, such as waitresses, may work 60 hours a week, and if their weekly earnings are divided, it comes out to around $8.50 an hour. This can constitute a minimum wage claim.
Paying an employee for working through lunch is another potential wage claim an individual may file. That money lost is considered an unpaid wage claim that is owed to the individual. These may also be hours that count toward overtime. Somebody may work 45 hours a week, with time deducted for lunch, when they may not have taken lunch. An individual should be paid time and a half for those extra five hours.
Lastly, in some cases, there is unpaid vacation or paid time off that is not properly reimbursed to the employee when they have either quit or been fired. However, this depends on how the employer sets out the terms in the employee handbook. If the employer does not state in the employee handbook that they will reimburse the employee for paid time off, then they are not bound to pay an individual for any personal time off or vacation time that they have gained. If an individual quits, then they may lose that vacation or personal time that they have accrued.
Sometimes, the employers are sometimes confusing the employees on purpose by not telling someone exactly how much they make. This can be a big problem with major wage issue claims in Tampa.
Another common issue is if an employer tries to state that the work week is 80 hours and not 40 hours as if they are operating on the pay period. This is improper. The Fair Labor Standards Act states that anything over 40 hours in one workweek is overtime.
Employers might pay straight pay for overtime when the FLSA states that it has to be time and a half and, sometimes, employers and employees can get confused about the misclassification of employees. If an individual is an hourly employee, then they are entitled to this overtime pay. However, in most cases, the employer will try to state that the employee is a manager or a salaried employee and therefore, an exempt employee when it comes to wage and overtime claims.