Unpaid Overtime Lawyer in Fort Lauderdale
If a Fort Lauderdale employer has failed to pay the overtime wages you earned, an experienced unpaid overtime lawyer in Fort Lauderdale can help you recover what you are owed.
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Overtime pay is a right under federal law, not a courtesy an employer can withhold.
The employment lawyers at Cantrell Schuette represent non-exempt employees across South Florida in unpaid overtime claims under the Fair Labor Standards Act. Our legal team works to hold Fort Lauderdale employers accountable and to recover back pay, liquidated damages, and attorney’s fees for employees.
Your Overtime Rights Under the Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) is the federal law that governs overtime pay for most Fort Lauderdale employees. Under the FLSA, non-exempt employees must receive at least one and a half times their regular rate of pay for every hour worked beyond 40 in a single workweek.
Overtime Laws
Florida has no separate state overtime law. Overtime in Fort Lauderdale is governed by the FLSA, while Florida’s constitution sets the state minimum wage. When an employer ignores these overtime laws, employees can pursue the wages they are owed.
- Most hourly workers are non-exempt employees entitled to overtime pay.
- Overtime is calculated by the workweek, not the pay period.
- The overtime rate applies to all hours worked over 40, including work the employer permitted.
- Salaried employees can still be owed overtime depending on their job duties.
Common Overtime Violations Our Fort Lauderdale Employment Lawyers Handle
Our unpaid overtime attorney in Fort Lauderdale handles a range of wage and hour disputes, including wage and hour violations such as:
- Failing to pay employees overtime for hours worked beyond 40 in a workweek.
- Misclassifying non-exempt employees as exempt to avoid paying overtime.
- Treating employees as independent contractors to deny overtime.
- Refusing to pay overtime for off-the-clock work before or after a shift.
- Miscalculating the overtime rate by leaving commissions or non-discretionary bonuses out of the regular rate.
- Editing time records to reduce recorded hours worked.
Whether your claim involves a single workweek or a pattern of overtime violations, our employment attorneys are prepared to help you recover the overtime you rightfully earned.
Do You Have an Unpaid Overtime Claim in Fort Lauderdale?
You may have a valid unpaid overtime claim if any of the following apply:
- You worked more than 40 hours in a week without being paid overtime.
- You were told you are exempt, but your job duties do not meet the legal duties test.
- Your employer adjusted time records or discouraged you from reporting overtime hours.
An unpaid overtime lawyer in Fort Lauderdale can review your pay records and job duties to determine whether you were properly compensated and have a wage claim worth pursuing.
Exempt vs. Non-Exempt Status and Overtime Misclassification
Whether you are owed overtime usually turns on whether you are a non-exempt employee. Misclassifying workers as exempt or independent contractors is a common reason overtime goes unpaid.
Exempt status is not set by a job title or a salary. It depends on specific salary and duties tests from the U.S. Department of Labor. If your duties do not match the legal standard, you may be a non-exempt employee owed overtime.
- A job title alone does not make an employee exempt.
- Independent contractors who function as employees may still be owed overtime.
- The duties test, not the employer’s label, controls the analysis.
Back Pay, Liquidated Damages, and Attorney's Fees in an Overtime Case
If an employer has violated the FLSA, an employee may be entitled to recover several types of compensation beyond the overtime wages themselves and be fully compensated for the violation.
- Back pay for all unpaid overtime hours at the correct one-and-a-half times rate.
- Liquidated damages equal to the unpaid overtime in most FLSA cases, unless the employer proves good faith.
- Attorney’s fees and court costs, which Florida Statute Section 448.08 allows the prevailing party to recover in an action for unpaid wages.
The U.S. Department of Labor’s Wage and Hour Division enforces the FLSA and can investigate employers for overtime violations. Our law office can also file a private overtime lawsuit on an employee’s behalf. Many unpaid overtime cases in Fort Lauderdale are filed in the U.S. District Court for the Southern District of Florida.
Wage and Hour Disputes Beyond Unpaid Overtime
Unpaid overtime is one type of wage and hour dispute, but not the only way employees lose pay they have earned. If your concern involves unpaid wages more broadly, such as withheld final paychecks, unpaid commissions, or minimum wage violations, our unpaid wages lawyers address those claims on our Fort Lauderdale unpaid wages page.
This page focuses specifically on overtime: the failure to pay the one-and-a-half times rate for hours worked beyond 40 in a workweek. Our employment lawyers can review your full situation to identify every category of pay you may be owed.
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Why Hire a Fort Lauderdale Unpaid Overtime Attorney?
Fort Lauderdale employers failing to pay overtime often have legal teams focused on limiting their exposure to claims. An unpaid overtime lawyer in Fort Lauderdale can help protect your rights at each stage of the wage and hour claims process and should have strong knowledge of the Fair Labor Standards Act and related employment claims.
Our unpaid overtime attorney in Fort Lauderdale can assist with these wage and hour claims by:
- Evaluating your overtime claim and calculating the full value of wages owed.
- Gathering evidence, including time records, pay stubs, and job descriptions.
- Communicating with your former employer or their legal team.
- Filing an overtime lawsuit in state or federal court when appropriate.
When multiple workers are affected by the same pay practice, the firm can also evaluate collective actions or class action lawsuits.
Speak With an Experienced Attorney Today
If a Fort Lauderdale employer has failed to pay your overtime wages, taking action early can help you recover unpaid wages and money owed before deadlines pass.
Contact Cantrell Schuette today at (877) 858‑6868 or email coordinator@lawcantrell.com to schedule a consultation with a Fort Lauderdale unpaid overtime lawyer who understands South Florida wage and hour law.
Our Fort Lauderdale Law Office
Address
401E, Las Olas Blvd., Suit 1400 Ft. Lauderdale, Florida 33301
Phone
(786) 682-3102
Frequently Asked Questions
Contact us 24/7.
How is overtime pay calculated under the FLSA?
Non-exempt employees earn one and a half times their regular rate for each hour worked beyond 40 in a workweek. The regular rate includes most compensation, such as non-discretionary bonuses and commissions, so leaving those out produces an underpaid overtime rate.
How long do I have to file an unpaid overtime claim in Florida?
Under the FLSA, federal law limits recovery of unpaid overtime wages to two years, or three years for willful violations. These deadlines are strict, so speaking with an unpaid overtime lawyer in Fort Lauderdale promptly helps protect your claim.
Am I owed overtime pay if I am paid a salary?
Possibly. A salary alone does not make most employees exempt. Exempt status depends on your salary level and your actual job duties. If your duties do not meet the standard, you may be owed overtime despite being salaried.
Can my employer retaliate for filing an overtime claim?
No. The FLSA prohibits retaliation against employees who assert their overtime rights. The Department of Labor’s Wage and Hour Division handles FLSA retaliation complaints, and an employee who faces demotion, termination, or other adverse action after raising a claim may have an additional legal claim.
What if my employer classifies me as an independent contractor?
Independent contractor classification does not automatically remove your right to overtime, and some employers ignore overtime rules by using contractor labels. If your working relationship functions like employment under the FLSA, you may be owed overtime regardless of the label. An unpaid overtime attorney in Fort Lauderdale can evaluate how your role is structured.