PAY AND OVERTIME CLAIMS – Jacksonville Lawyers
WELCOME Local Phone (904) 725-6161
The firm of Magid & Williams represents employees seeking to recover unpaid wages and unpaid commissions. Although not every employee is entitled to receive commissions after his or her employment comes to an end, the question of whether there is a contractual right to such payments will vary with the circumstances of each case.
The firm also represents employees seeking to recover unpaid overtime. The Fair Labor Standards Act (FLSA) requires covered employers to pay a minimum wage to its employees and to pay overtime (one and a half times the regular hourly rate) to employees who work in excess of 40 hours per week. Not every employee is entitled to receive overtime pay, since the FLSA and corresponding government regulations contain numerous exemptions. This includes the “white collar” exemptions for executive employees, administrative and professional employees, and employees working in an outside sales capacity. All of the elements of these and other exemptions must be proven as a defense by employers seeking to take advantage of the exemption. The question of whether an exemption applies is a fact intensive inquiry and will depend on the circumstances in any given case. Employees who believe that their overtime rights may have been violated should consult with counsel.
The title of an employee’s position will not, by itself, render the employee exempt from overtime. The fact that an employee is paid a salary, and not paid on an hourly basis, will not necessarily render the employee exempt from overtime. In fact, the main issue in many contested cases is whether the employee has been wrongfully characterized as exempt. This depends on the exact nature of the employee’s duties. Again, employees who believe that they may have an overtime claim should consult with counsel.
Employees in overtime suits may seek their unpaid overtime for the last two years, and may go back three years in the case of a willful overtime violation. In appropriate cases, employees may also seek liquidated damages (in the same amount as the unpaid overtime), unless the employer can demonstrate that it acted in good faith.