Legal Question in Employment Law in Florida

Re: Receipt of overtime pay

Sounds to me like your employer owes you money for hours worked in excess of 40 each week. However, the law varies depending on the employer and the nature of its business. As a general proposition, however, most employers are required to pay all hourly employees for overtime and even many salaried employees must be paid overtime too. For further assistance, please feel free to contact me at (305) 755-9441.

Re: Receipt of overtime pay

There is no exemption for overtime pay for lawn maintenance work, either under the federal (FLSA) or Florida state law. It sounds like you are entitled to backpay for your lost time. The same would be true for your co-workers who are in the same situation.

Of course, as with any legal claim, things can get complicated. The employer may have legitimate defenses. You also might need to sue your employer to recover the losses. This often leads to acrimony and even retaliation by the employer.

If you want to pursue the matter, you have three choices. You can make a demand of the employer yourself. Be prepared to let them know exactly how much overtime you feel you are owed. (And be prepared for retaliation - even discharge, both of which are illegal but happen often.) In Florida, you should be paid overtime of time and one half for every hour over 10 worked in a day. You are also entitled to OT for all hours worked beyond 40 in a workweek (a 7 day period defined by the employer as the workweek, such as Sunday through Saturday).

The back pay period goes back two or three years, depending on certain facts and whether the employer is subject to additional damages.

Second, you can call the US Department of Labor, wage and hour office, for help.

Or, you can hire an attorney. Feel free to call me for a complimentary consultation to review your options. It may be the type of case that I would take on a contingency basis.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.