Are You Deprived of Overtime Pay?

Let a Miami Litigation Attorney Help

Picture of 1040Matthew Seth Sarelson, P.A. routinely represents people whose employers have denied overtime pay. When an employer deprives employees of their earned overtime wages, an experienced Miami litigation attorney at our firm will fight aggressively for the employees’ rights and recovery.

Overtime Laws

The Fair Labor Standards Act (FLSA) requires that employers pay covered, non-exempt employees overtime for all hours worked above 40 hours in one work week and that overtime pay be at least one and one-half times an employee’s regular pay rate. Furthermore, Florida law provides that manual labor employees receive overtime pay for hours that surpass 10 hours in one work day. Certain employees are exempt from FLSA overtime pay rules, and the FLSA does not protect independent contractors.

When an employee covered by the FLSA does not receive proper compensation for the overtime hours he or she works, Matthew Seth Sarelson, P.A. can advise the employee of his or her rights under state and federal overtime laws and pursue legal recourse on the employee’s behalf.

Misclassification of Employees

Some employers try to skirt the FLSA overtime provisions by classifying hourly employees as salaried or regular employees as independent contractors, while other employers misclassify non-exempt salaried employees as exempt.

According to an article published by The New York Times in 2010, one federal study found that employers misclassified 3.4 million regular employees as contractors, and the Labor Department estimates that up to 30 percent of companies misclassify at least some employees. When an employer misclassifies regular employees as independent contractors, the employer places those employees in a category of workers not protected by the FLSA, allowing the employer to deny the employees their rightful overtime pay.

Employers sometimes misclassify hourly employees as salaried or inappropriately classify salaried employees as exempt, based on the misconception that salary automatically exempts an employee from overtime pay. However, in most circumstances, a salaried employee must meet other conditions to be exempt from overtime pay.

Workers who believe their employers have misclassified them should have their case evaluated by an experienced Miami litigation lawyer Matthew Seth Sarelson, P.A..

Support for Small Businesses

Matthew Seth Sarelson, P.A. also represents small businesses accused of improperly paying employees. In one notable case, Miami litigation lawyer Matthew Seth Sarelson negotiated an extraordinary settlement in a contentious multi-plaintiff overtime lawsuit on behalf of a small business owner. Although the plaintiff employees sought nearly $200,000 in damages, the settlement provided for each plaintiff to recover only $2,000. Sarelson’s work in this case maintained the new standard he has set for the quality of legal pleadings prepared and filed by litigation attorneys in Florida.

Employees unjustly denied overtime pay and small businesses accused of underpaying workers can contact Miami litigation lawyer Matthew Seth Sarelson to discuss their situations with a knowledgeable attorney who has extensive employment law experience.

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