Employment law in the United States can be complicated because of the clash between State and Federal laws. At the Federal level, the Federal Labor Standards Act (FLSA) sets baseline standards that employers must comply with. In addition to the Federal laws, State laws may impose additional requirements.
A company operating in multiple states will have to comply with the unique employment laws of each state. Employees may have claims against employers who fail to comply with these requirements. If you have a claim you want to bring forward about employment issues you have, you should contact an experienced claims attorney right away. A Tarpon Springs wage and hour lawyer can help you build your claim in order to get the best compensation possible.
Common Wage and Hours Claims
Some of the common claims Tarpon Springs wage and hours attorneys frequently see include issues involving overtime, missed meal breaks, and failure to pay.
One of the most common claims deals with employees not being properly reimbursed for overtime hours worked. Employees who work more than 40 hours per week must be paid time and a half for additional hours. Just because an individual is a salaried employee does not always mean that they are not qualified for overtime hours.
Classification of Workers
Employees should be aware of their classification from the outset of employment. Employers may try to get around certain requirements (such as being required to pay overtime) by classifying their employees as independent contractors or managers.
Job titles do not help identify an employee’s status. It is important to look at what the actual tasks are required of the employee and the degree of control the employer has over an employee in determining how a task will be performed.
Although Florida laws do not require an employer to provide its employees with severance pay, an employer who chooses to provide severance benefits must comply with the terms of the employment contract between the employee and the employer. A Tarpon Springs wage and hour attorney can help.
Service Industry Workers
Individuals who work in the service industry may be susceptible to FLSA abuse by employers. For instance, many restaurants and bars pool tips amongst employees.
Federal laws and state laws differ with respect to what sorts of employees can be included in a tip pool and set forth minimum earnings requirements for individuals subject to a tip pool. A careful assessment of the workplace structure by an experienced employment lawyer will help determine whether the employer is paying a particular employee properly.
Missed Meal and Rest Breaks
Employees who work a certain number of hours a week are entitled to time for lunch and breaks. An employee who is forced to work through lunch and denied the opportunity to take occasional breaks may have a claim against their employee for violating their wage and hour rights.
Employer Failure to Pay
An employee must be reimbursed for time worked. An employer must pay an employee within a reasonable timeframe. If an employer fails to pay an employee and does not provide a sufficient justification, then the employee should seek legal assistance immediately. Short of declaring bankruptcy, an employer absolutely must pay its employees for time worked.
How a Tarpon Springs Wage and Hour Attorney Can Help
Employment law can be very complex due to the clash between Federal and State requirements. Employees are often reluctant to assert their rights against an employer. However, an employee should not let themselves be bullied by their employer. If you believe your employer has violated the FLSA or violated your rights as an employee, contact an employment lawyer immediately.
An experienced Tarpon Springs employment lawyer will be able to determine what sorts of remedies you might be entitled to, such as the eligibility of being compensated back-pay.
Although it is nice to think employers operate in the best interest of their employees, this is not always the case. Sometimes it is necessary to fight for what is rightly owed. Contact a Tarpon Springs wage and hours lawyer today to discuss your case and possible avenues for relief.