Palm Beach Gardens Unpaid Wages Attorney
Under the federal Fair Labor Standards Act (FLSA), most workers are entitled to receive a specified minimum wage for each hour worked. Florida actually mandates a higher minimum wage than the federal standard, so that is what employers in this state must follow. Furthermore, if an employee works more than 40 hours in a given workweek, they are also entitled to 1.5 times their regular pay for any hours worked in excess of 40 under the FLSA.
Despite the fact these rules have been on the books for decades, many employers continue to try and cheat the system by cheating their employees out of their pay. As a worker you do not have to put up with such behavior. A Palm Beach Gardens unpaid wages attorney can assist and represent you in taking legal action against an employer who is not paying you as required by the law. At the Sconzo Law Office, P.A., we have helped many clients obtain the money that is rightfully theirs.
Taking an Employer to Court for Failing to Pay
Unlike many states, Florida does not require employers to pay their employees at certain intervals (weekly, bimonthly, et cetera). But an employer must still pay their employees for all hours worked. As noted above, this means paying at the least the minimum wage, and where applicable overtime pay as well. In the case of tipped employees, the employer must ensure that the total compensation received by such workers–base pay plus tips–at least equals the minimum wage.
When an employer fails to pay all legally required wages, the employee has the right to take legal action. This typically begins with the employee filing a written claim with the employer demanding the unpaid wages. The employer has 15 days from receiving this claim to pay. If they do not, then the employee can file a lawsuit to collect what they are owed.
In a successful lawsuit, the court can order the employer to not only pay any previously unpaid wages, but also additional compensation known as liquidated damages. Under the FLSA, liquidated damages are equal to the amount of the unpaid wages. So let’s say your employer failed to pay you $1,000 in wages that you earned. If you then successfully sued the employer in court, the judge could award you double that amount, of $2,000. Florida law further authorizes a judge to award court costs and attorney’s fees in connection with a successful unpaid wages claim.
Contact the Sconzo Law Office Today
Wage theft is a surprisingly common problem in Florida that often goes unchallenged by its victims. But if you do an honest day’s work, you are entitled to an honest day’s pay. If your current or former employer has not paid you 100 percent of what you are owed, you do not have to stand by and do nothing. Our Palm Beach Garden unpaid wages attorneys are here to help. Contact the Sconzo Law Office, P.A., today to schedule a complimentary consultation.