Legal Question in Employment Law in Florida
Not paid for last five weeks
My last employer failed to pay myself and three other divers for five weeks. we quit almost two months ago. He claims each week, he will pay us partially. The divers remaining with his co. have recieved several partial payments, but are owed thousands of dollars. The owner 1099ed all of us, however, we are all hourly employees working on his schedule. He seems to think that we are all subcontracors, and doesn't need to pay us in a timely manner.We were all employees by definition, not subcontractors. We had all asked for W2's, which he agreed to provide, but never did. Also, we never recieved any statements with our checks back when he was paying us.
How do we go about pursuing him?
3 Answers from Attorneys
Re: Not paid for last five weeks
You may have claims for violations of the minimum wage law and/or for overtime compensation if you worked more than 40 hours/week. Please contact an attorney immediately and feel free to contact me for further assistance via e-mail or at (561) 447-8888.
Re: Not paid for last five weeks
You can bring an action under the Federal law that regulates hourly employment if you are an hourly employee. There are several factors that are used as criteria for determining if you are an employee vs. a subcontractor. You would be wise to seek an attorney who handles wage claims as you might also be due overtime if you are an hourly employee. Also some of the times attorneys will represent you for no money as the Federal law provides for attorney fees to the prevailing party. If you have any other questions please feel free to contact me.
Re: Not paid for last five weeks
It sounds as if you have a case under the fair labor standards act. You can go to the department of labor web site www.dol.gov for more information. You need to talk with a lawyer who handles FLSA claims.
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