Anything that an employee works over 40 hours in one work week is considered overtime. A lot of times, employers will try to argue that it has to be 80 hours in a two-week work period, but the Fair Labor Standards Act says that an individual is entitled to time and a half their hourly rate anything they work more than 40 hours in one work week.
If you believe you deserve compensation for unpaid wages, it is important to consult with an experienced Tampa injury attorney as soon as possible. A knowledgeable unpaid overtime lawyer in Tampa can build an effective claim to help secure a successful result on your behalf.
The FLSA actually allows an individual to name the corporation that owns the business and the owner personally in FLSA claims. Usually, these corporations have a person that runs the store that is intimately involved in making the decisions on how much money an individual gets paid, so they are personally liable for these overtime and wage claims.
Usually, the negotiations take place directly with the owner of whatever the company is that owes them the minimum wage or overtime pay that they are entitled to. Such negotiations should be overseen by an experienced unpaid overtime attorney in Tampa.
If an employee is expected to work a certain amount of time over 40 hours per week, it is still considered overtime long as they are a non-exempt employee.
If an individual is a manager, they are on salary, and they work 50 hours a week, then they do not get overtime pay. However, if an individual is an hourly worker that is expected to work 41 hours a week, every time they work that one hour over 40, they should be getting paid time and a half for their work.
Fighting for Compensation
If an individual is not getting the overtime they worked for, they have two options. The first is to bring it to their employer’s attention and see if their employer will pay them the time and a half that they are owed.
Their second option is to hire a Tampa unpaid overtime attorney to get them the time and a half that they are owed as well as liquidate the damages, attorney’s fees, and costs that it takes to get that money.
The most frequent unpaid overtime cases are in restaurants and small businesses such as motels or other offices that pay their workers hourly, do not give lunch breaks, expect them to work through lunch, expect them to work late, and expect them to “get the job done”.
They then tell the employees that it is their fault that it has taken them more than 40 hours a week to get their work done, and they are not going to pay them more than 40 hours a week. Those are the most common overtime cases with these small businesses in Tampa, all of which can be handled by a Tampa unpaid overtime lawyer.
Contact an Attorney
The best way to approach an unpaid overtime case is to hire an unpaid overtime attorney in Tampa.
Unfortunately, a lot of times, there are threats and bullying by the employers in these cases whenever they do bring it to the employer’s attention. Usually, the best strategy is to hire an attorney and have the attorney reach out to the employer and see if they can negotiate the overtime pay that the employee deserves.