How to Calculate Overtime Pay


If your employer has unlawfully failed to pay you overtime, you may be entitled to damages that include back pay, liquidated damages (double the amount of wages owed), attorney's fees, and costs. The experienced Florida unpaid wages attorneys at The Trial Professionals will help you determine how much you should have been paid compared to how much you were actually paid. You should be compensated at a rate of time-and-a-half for every hour you worked over 40 in a single workweek. (For example, if you worked 50 hours in one workweek and your regular rate is $12 per hour, you should receive $180 ($18 per overtime hour) in overtime pay for that week.

We are knowledgeable about state and federal labor standards legislation, which together with our aggressive approach to litigating unpaid wage claims can make a significant difference in the ultimate resolution of your claim.

Key differences between Florida law and federal law regarding overtime pay:

One of the most significant differences between Florida's constitutional law and the FLSA is that under the Florida constitution, Florida employees and ex-employees may file a lawsuit four (4) years or, in the case of a willful violation, five (5) years after the employer committed the wage violation. Under the federal FLSA, an employee has only two (2) years, or three (3) years for willful violations, to file a lawsuit.

Under federal law, the time period for which you may sue your employer for unpaid wages is two (2) years, but in some cases you may be able to obtain unpaid wages from up to three (3) years ago. In some cases, under Florida labor laws, you may be able to file a lawsuit for unpaid wages for up to five (5) years ago.

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