Lost Wages Lawyer Serving Florida

• Both Florida and federal law require that an employee be paid the minimum wage for the first 40 hours of work per week. Federal law also requires most employers to pay a higher “overtime” rate (1.5 x regular pay rate) for any work performed beyond the 40-hour mark.

• In other words, no employer has the right to withhold money you earn while working, including full and/or partial paychecks (with or without overtime pay), tips, commissions, or earned vacation time, among others.

• Unfortunately, however, employers often violate these labor laws by withholding employee paychecks; forcing them to work “off the clock” or through breaks that are automatically deducted from the employee’s timesheets; not paying an employee’s travel time between job sites; taking tip money or sharing tips with the wrong employee; not paying employees an hourly rate, tip money; paying the regular rate for overtime work, and misclassifying employees as managers or salaried to avoid paying overtime.

• It’s essential to consult with a trusted Miami wage and hour lawyer if your employer or former employer is withholding money or paying you incorrectly.

• Contact us today to schedule a consultation or complete an intake, the first step in resolving your workplace concerns.

• In the meantime, it may be beneficial to familiarize yourself with some key topics central to most unpaid wage claims. Also, be sure to keep a personal record of all the hours you are working, copies and records of payments, as well as your timesheets and schedules. 

• You should be paid for all the hours you work, and even if you are paid on salary, you may be entitled to overtime; it all depends on your job duties and the size of the company; being paid on salary does not mean an employer is not required to pay overtime but the size and type of business may, best to speak to an attorney for a free case evaluation.
• Red flags of unlawful wage violations are being paid in cash, an employee being paid as a contractor/1099, no pay stubs being provided to employees, not tracking hours worked, time records being modified, forced to work off the clock, required to do the same work that hourly employees are required to do, you do not supervise employees or a department, you do not hire or hire workers, you have to get approval before making any important company decisions, owner taking tip money or giving tip money to employees not legally part of the tip pool. 
• Remember, not every employee is entitled to overtime; it depends on your job duties, not whether you receive a salary. Some examples of employees who are not entitled to overtime include executives, board members, department heads, outside sales employees, attorneys, and doctors. AN Law Firm, P.A. can help determine if you owe or are owed overtime wages.
• If you are paid on a salary, you should receive the same amount for each work week, within the same time frame every week, such as bi-weekly or monthly. The salary should not be reduced due to a lack of work, or if you leave work early, or arrive late. Again, just because you are paid a salary does not mean you are not owed overtime pay.
• A company can deduct from a salary or an hourly employee's wages, as long as the worker still receives the minimum required under the law for minimum wage and overtime laws. A company can deduct all of an employee's pay, even if it is below the minimum wage, if the deduction is for an overpayment of wages; otherwise, this would be a violation. 
• Examples of legal deductions include full days off work that violate a predetermined employment plan, suspensions or penalties for a good-faith infraction of safety or a major issue, employer-provided housing, and other similar benefits. However, certain deductions, such as those based on work quality, may result in a company being required to pay an overtime rate. 
• Employment law attorney, Alberto Naranjo, will do whatever it takes to recoup your unpaid wages and expose bad employer behavior. If you’re seeking unpaid or lost wages, please talk to us. We want to help.

The following tips help employees protect themselves against unpaid wages:

• Work Records and Logs
  • Maintain a personal logbook (not on company-owned devices) to document all the time you work. Include copies of all of your pay stubs and keep a detailed record of your work schedule.
• Written Requests
  • Request unpaid wages in writing and keep a personal copy for evidence. Text messages and emails are fine, but be sure to save copies on personal devices.
• Save Employee Documents and Read the Handbook
  • Employment contracts or agreements, as well as offer letters, usually detail your pay structure. Ask HR for copies of any documents you have to sign, and familiarize yourself with payroll policies outlined in the employee handbook.
• Contact an Employment Law Attorney
  • Unpaid wage claims are complex and require the expertise of a qualified attorney. Before speaking with your employer, speak with experienced Miami wage & hour lawyer Alberto Naranjo.

  These are some of the wage & hour cases that employment attorney Alberto Naranjo has personally handled to help recover unpaid wages throughout Miami and Florida. Names have been changed to protect client confidentiality, but the details of the story remain the same.

• Tony was a young man guy working online customer service for a mid-size tech company when he contacted AN Law Firm, P.A. For about three years, Tony answered customer questions via live chat, a common hourly-wage job with regular overtime. But Tony was being paid a salary, and internal company records classified him as a “manager.” Alberto Naranjo was able to prove the company knowingly misclassified him to avoid paying overtime, recover years' worth of lost wages, and cancel a non-compete agreement that prevented Tony from working for a competitor. 
• Enrique worked full-time at a high-end Miami Beach restaurant. After being forced to work significant overtime during Thanksgiving week in 2017, his employer withheld Enrique’s overtime/time-and-half pay. In other words, Enrique was only paid his regular hourly rate for all hours, even when he worked more than 40 hours in one week. Alberto Naranjo recovered all of Enrique’s unpaid wages and double the amount as liquidated damages. Enrique’s employer was also forced to cover attorney fees and costs. 
• Maria left her commission-based job at an e-commerce company for personal reasons and on good terms. Shortly thereafter, though, she realized the company withheld the commission she’d earned and didn’t pay out her unused vacation days. Her former employer also refused to be a reference, making it difficult for Maria to build credibility with potential future employers. Alberto, however, was able to recover all the money Maria’s company withheld, plus attorney fees, costs, and a guaranteed neutral reference. 
• Ash had already stopped working at the telemarketing firm when her final paycheck arrived; unfortunately, the amount was far less than she was owed. But even after informing her supervisor via text about the mistake, Ash’s former employer refused to pay withheld pages. AN Law Firm, P.A., however, was able to recover the unpaid wages and a refund for equipment the company forced Ash to purchase. 
• Mario, a landscaper, regularly worked over 40 hours a week for a local lawn service company but was never paid for those overtime hours. Alberto fought to recover all of Mario’s unpaid wages, plus liquidated damages, attorney fees, and costs.

•  Wage laws are among the most important protections in a democratic, capitalist society. They prevent anti-capitalist and unfair advantages that some businesses attempt to use to gain an advantage over other companies and employers. This ensures that all employees are paid for all hours worked and that no employee is required to work without compensation. Labor laws are indescribably nuanced, whether you’re exempt or non-exempt. 
• The bottom line, however, is that no employer has the right to hold your money hostage. You work, they pay; it’s how the employer/employee dynamic works. But every case is different.
• If your employer is withholding wages, contact AN Law Firm, P.A. in Miami, FL, for a risk-free consultation with a wage & hour lawyer about your unpaid wage claim.