local sarasota lawyer who fight for overtime

by Alden Beatty 8 min read

Is it legal to force overtime in Florida?

Florida law does not prohibit employers from forcing employees to work overtime. Unless a written agreement between the employer and employee states otherwise, an employer can require that manual laborers work more than 10 hours per day, as long as the employee is compensated for the extra hours.

Can you refuse overtime in Florida?

Unless you are protected (“exempted”) by an employment contract or union contract, employment in Florida is at-will, and an employee may be fired for any reason that's legal, including a refusal to work overtime. However, you cannot be fired for an illegal reason – employer discrimination or retaliation, for example.

Can I sue my employer for not paying me correctly?

You can bring a claim against your employer in an employment tribunal if: You haven't been paid at all; for work you have done. Deductions have been made from your wages (so you received less than you were expecting) and these were not authorised; or. you wish to challenge the amount you've been paid.

Who is exempt from overtime in Florida?

In order to receive a Florida overtime exemption, employees must meet a few requirements, such as: Work in an executive, administrative, professional, outside sales, or computer-related position. Earn a salary equal to or greater than $684 per week or $35,568 yearly.

Can your boss force you to work overtime?

Legally, your employer can't make you work more than 48 hours a week, including overtime. If they want you to work more than that, your employer has to ask you to opt out of the 48-hour limit. Find out more about the maximum weekly working time limit.

Can my employer force me to do overtime?

Your employer needs to have a clear policy in place about how overtime is requested, authorised and recorded, and about how overtime pay is calculated. If you are an hourly-paid worker, you must be paid for all overtime worked at the request of the employer.

Can you sue your employer for emotional distress?

You can claim for the emotional distress the discrimination has caused you - this is called 'injury to feelings'. You'll need to say how the discrimination made you feel. Ask your family, friends, colleagues, medical professionals or support workers if they'll be witnesses to how the discrimination affected you.

Can you sue for false promises?

The general rule is that broken promises, by themselves, are not actionable in court. However, there is a little-known exception: promissory estoppel. In the absence of a contract or agreement, which requires benefit to both sides (referred to as consideration), the law is generally unavailable to enforce a promise.

What can you do if your boss doesn't pay you?

Contact your employer (preferably in writing) and ask for the wages owed to you. If your employer refuses to do so, consider filing a claim with your state's labor agency. File a suit in small claims court or superior court for the amount owed.

What are my rights as an employee in Florida?

These rights include the right to apply for work without being discriminated against, the right to a fair wage and fair compensation, the right to a safe workplace free from discrimination and harassment, and the right to take unpaid medical leave in certain circumstances without risking one's job or health benefits.

How many hours can you legally work in a day in Florida?

Florida Labor Laws of Hours Worked in a Day If you're scheduled for more than 10 hours, your employer must pay you overtime. If you're paid by the hour, the state doesn't regulate the number of hours you can work in a day, as long as you're over 18.

How many hours of overtime can you work in Florida?

But Florida employers can't discriminate against you when giving time off. And under federal law, all non-exempt employees have to be paid time-and-a-half overtime for any hours worked over a 40-hour workweek. If you believe that your rights have been violated at work, you should contact an employment law attorney.

CALL NOW – 877-243-9116

Under the FAIR LABOR STANDARDS ACT an Employee’s right to recover for unpaid Wages can result from the following:

Contact your Hourly Wage Lawyer at Jodat Law Group now!

You have rights under the Federal Fair Labor Standards Act and Florida Law, and the law prohibits an employer from taking adverse action against you if you make a claim for unpaid Wages pursuant to State and Federal Law!

What to do if you are a victim of misclassification?

If you believe you are a victim of misclassification or are not being paid the wages, overtime, or commissions you are owed, you have rights and need to contact an employment lawyer in Sarasota to represent your case.

What are the rights of workers in Florida?

Workers have many protections under federal and state laws, including Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights Act of 1992. Unfortunately, many employers violate these laws, causing harm to employees in Sarasota and across the State of Florida.

Is discrimination against employees in Florida?

Discrimination is not only wrong – it is against the law . Workers have many protections under federal and state laws, including Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights Act of 1992. Unfortunately, many employers violate these laws, causing harm to employees in Sarasota and across the State of Florida.

Is Florida a hostile work environment?

Employees in Florida are also protected under the law if they are subjected to a hostile work environment. Your employment lawyer in Sarasota uses laws such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Americans With Disabilities Act (ADA), and the Florida Civil Rights Act to hold employers accountable.

Laws That Protect Workers in Florida

The Fair Labor and Standards Act (FLSA) is a federal statute that offers protections for workers and mandates that employers maintain a standard of fairness. Florida labor laws can differ from the federal standards, so it’s important to be familiar with both.

Workplace Discrimination

A workplace should be an equal opportunity environment where all employees are treated fairly, regardless of their personal attributes. However, some employers still utilize discriminatory practices towards their employees. Here are a few examples:

Hostile Work Environments

Employers should foster and maintain a positive workplace environment for their employees. Toxic behaviors, such as harassment and discrimination, harm employees and stifle their ability to perform their occupational duties.

Contact a Labor and Employment Lawyer

If you or a loved one has become the victim of labor law violations, contact our Sarasota office today. We’ve won over $9 billion for our clients and want to help you too.

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