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Bagen Law Blog

My Employer Has Me Work off of the Clock Quite Often. Is this Legal?

Posted by Steven A. Bagen

Oct 3, 2013 4:24:00 AM

bigstock-Time-in-business-45300061A woman was strolling down a Florida street on a sunny afternoon when she noticed a weary looking man with a defeated expression on his face ambling in her direction; out of sympathy, the woman asked the man if he was alright. The man confessed that he had suffered through another long fifteen hour work day—the fourth of that week alone. Satisfied with the answer, the woman gave the hard-working man a look of admiration and a respectful nod, and then she started to walk away—until the man muttered to himself that he only wished that his boss would pay him for the eight extra hours that he worked nearly every day; the woman immediately froze and turned around at the statement.

The woman resumed the conversation with the man to learn more about his last utterance. As it turned out, the man had been working 12 to 15 hour shifts five to six days per week for nearly seven months, while only receiving pay equivalent to 8 hours per day for five days per week; his employer had told him that because his hourly wage was at least a dollar above the state minimum wage, they were not required to pay him anything beyond 40 hours per week, regardless of how many hours he actually worked. The woman had very extensive knowledge about the labor laws and knew that what the man's employer had told him was untrue and that he was being treated unjustly; she wanted to learn as much as possible immediately.

This is an extreme case of unfair pay practices, but it is not by any means the only instance in which someone should fight for their right to be paid a fair wage.

Florida State Minimum Wage and Federal Minimum Wage Laws

The Florida State minimum wage is currently $7.79/hour; federal law states that all hourly employees receive at least the "minimum wage for all hours worked". If any Florida State resident is being paid less than this per hour, then they should immediately contact a member of the Steven A. Bagen & Associates legal team; they are well versed in the Florida State and federal labor laws and they have offices in both Gainesville and Ocala to provide everyone better access to the best personal injury claim lawyer available.

Federal Law Regarding Overtime

The U.S. Department of Labor has stated that "In a week which employees work overtime," (over 40 hours in a week) "they must receive their regular rate of pay and overtime pay at a rate not less than one and one-half times the regular rate of pay for all overtime hours."

This means that an hourly employee who works more than 40 hours in a week is entitled to overtime pay for each hour that they have worked beyond 40 hours. Some employers do not want their employees aware of this, and other important labor laws. In order to make sure that they are not cheated out of their overtime wages, workers should call Steven A. Bagen & Associates, so that they can get their case started with the most trustworthy personal injury claim lawyer Ocala and Gainesville, Florida have available to serve them.

A Legal Day's Work in Florida

The Florida State labor law states that "Ten hours of labor shall be a legal day's work." It goes on to say, "The person employed shall be entitled to extra pay for all work performed by the requirement of his or her employer in excess of ten hours' labor daily."

In short, this means that the State of Florida requires that anyone who works even a single hour more than ten hours in a day be paid overtime by law. The Steven A. Bagen & Associates legal team knows this and other important laws regarding worker's rights extremely well. They have made it their mission to use this knowledge to match mistreated workers with the best personal injury claim lawyer Ocala and Gainesville Florida can provide.

Employer Retaliation Laws

Federal and Florida State labor laws also make it clear that there is a no-tolerance policy for retaliation against an employee who sues a company. If any retaliation ensures as a result of legal action against a company, the employee will have the right to fight for additional compensation and the employer may face criminal legal action. If an employer takes action against an employee as retaliation for legal action, Steven A. Bagen and Associates will provide the employee with the best personal injury claim lawyer Ocala and Gainesville Florida have for such situations.

Attorney's Fees For Successful Cases

In addition to unpaid wages, the State of Florida gives judges the authority to grant the plaintiff (the worker) compensation for attorney's fees in addition to the compensation for unpaid wages. Because these workers are going to court to fight for wages that they have already earned, the Steven A. Bagen and Associates legal team will fight tooth and nail to ensure that the judge awards the employee attorney fees in addition to the unpaid wages that they are owed.

Topics: Federal Minimum Wage Law