Miami employment law attorney represents clients in conflict with state or federal law
Employers often pay employees with a salary when by federal and/or Florida law, certain employees must be paid at an hourly rate (at least the minimum wage) and receive overtime pay for hours worked over forty in a given work week. This could turn out to be a costly mistake. The Law Offices of Ena T. Diaz, P.A. represents employers when they have been sued on a claim for unpaid wages and/or overtime. Attorney Diaz also explains how the federal and/or Florida law applies to the employer's business so that they come into compliance and avoid these types of lawsuits.
We also represent Miami-area employees in disputes with employers over such hour and wage matters, helping workers prove they are due overtime pay because they worked more than 40 hours in a week and are employees who do not fall into the manager or supervisor category, as defined by federal law. Employers often pay employees with a salary when certain employees by law must be paid at an hourly rate and compensated at an overtime rate for hours worked over 40.
Determining who is an employee under Florida and federal law
Employers are required to pay overtime wages to employees who work more than 40 hours in any work week. Employers sometimes misclassify their employees as “independent contractors” at the beginning of the employment relationship or even by contract. The fact that the employee is called an independent contractor does not necessarily mean that the employee is an independent contractor. There are certain factors the courts consider in determining whether the employee is an independent contractor or not. Some of those factors take into account whether employees:
- Own their own business
- Choose when and how they work
- Offer services to multiple companies
- Own their own tools or machinery
- Have the ability to turn down jobs
- Have their own employees
We help employers determine if some or all of their workforce may be classified or have been properly classified as independent contractors. The firm also helps employees recover overtime payments that are owed to them because they have been improperly identified as independent contractors.
Understanding exemptions for managers and executives
Who is a manager? This is an important question as managers may not be required to get paid for overtime. An experienced employment lawyer, such as Ena T. Diaz, assists employers in determining whether the employees identified as managers are managers as defined by the Fair Labor Standards Act, the federal law governing minimum wage and overtime. The Law Offices of Ena T. Diaz, P.A. also assists employees who have been paid been as a manager but should have been paid an hourly wage and overtime pay for hours worked over forty in a work week.
There are other exemptions from the overtime laws that both employers and employees should be aware of, and these laws determine whether or not the employee should be paid with a salary or get compensated with overtime.
Trust your Florida overtime compensation and unpaid wage claims to an experienced Coral Gables employment attorney
If your company has been sued by an employee for unpaid wages or overtime, you need the advice of a knowledgeable and experienced Coral Gables employment lawyer to defend the lawsuit and further assist the company in understanding the federal and Florida laws to ensure you are in compliance. The Law Offices of Ena T. Diaz, P.A. also represents employees in their wage dispute claims. For a free initial consultation, call our Coral Gables office at 305.377.8828 or contact us online.