There are many federal and state labor laws designed to ensure that workers receive fair wages and protect them from illegal discrimination and harassment. Unfortunately, there are many employers in Florida that violate labor laws. This ends up hurting innocent people and harming commerce in Stuart. Employment law gives you the legal right to obtain compensation for any economic loss or other sufferings you sustained as a result of such violations.
If you believe your employer has violated employment laws to any degree, you should contact a trusted employment law attorney immediately.
At Crary Buchanan Attorneys at Law, we specialize in employment laws and will fight for you to ensure that you receive the compensation you deserve. You can reach our law office toll-free at (888) 899-8161. If you live in Stuart or the surrounding areas, you can contact us locally at (772) 287-2600.
If you prefer, you may also fill out our online contact form, and a trusted member of our staff will get back to you. We understand that taking on an employer can feel overwhelming and intimidating. That’s why we’re here. We work hard to resolve your concerns and make you whole. If you need a dedicated employment law attorney in Stuart, Martin County, we encourage you to call today.
Suing Your Employer For Unpaid Wages
According to the Florida Minimum Wage Act and the Federal Fair Labor Standards Act (FLSA), workers are entitled to a minimum wage. Moreover, most workers have the right to earn overtime for any work that exceeds 40 hours a week.
Florida law requires individuals to be paid at least $8.65 per hour, which is notably higher than the current federal minimum wage of $7.25. All working hours must be compensated, including the time it takes to prepare or clean up the workstations, to complete the required preparations, and any other time employees are working. For example, if your employer requires you to go to work before 6:45 in the morning, but you do not formally check-in before 7:00 a.m., it is against the law for your employer to withhold those 15 minutes of undocumented working time.
Suing For Unpaid Overtime
Here at Crary Buchanan Attorneys at Law, our goal is to make sure that you are compensated for the hard work you put into your job. And it’s our job to fight for workers who are unjustly refused overtime pay, unfairly asked to work off the clock, or underpaid for their services. If necessary, we will continue to pursue such claims through trials.
Why Am I Not Receiving Overtime Pay?
There are many reasons why you may not get the proper overtime pay that you deserve. These reasons typically include:
1. Your employer classifies you as a manager or other type of exempt employee, whether by mistake or on purpose
2. Your employer deliberately ignores overtime requirements in an attempt to save money
3. Your employer does not understand overtime requirements or misunderstands the law
Independent Contractors and Overtime Pay
Under the Fair Labor Standards Act, independent contractors are not eligible to receive overtime pay under state or federal laws. With that said, it’s important to keep in mind that many employers often mistakenly classify their employees as independent contractors. In fact, Florida has issued a test to determine whether workers should be considered employees of independent contractors. Factors that determine the status of workers include:
1. The employer’s control over the details of the work performed by the worker
2. Skills required for a specific job
3. The place where the work is carried out. Is the work carried out under the supervision of the employer or under the supervision of a person regarded as an expert?
4. Does the employer control and guide the performance and details of the work done by the worker?
5. Do both parties believe that they are establishing an employee-employer relationship?
6. How long a worker has been employed
It’s also worth noting that some employers try to get around the law and save money by having employees sign contracts stating that they are independent contractors. Employers practice such unscrupulous behavior to avoid costs related to benefits and taxes. If you believe that your employer has wrongfully classified your position as an independent contractor, please contact us right away.
You could be eligible for compensation. And if you’ve been cheated out of pay for many years, the stakes get even higher. As such, you can’t afford to miss out on a potentially substantial award. Our team is experts in employment law and will work hard to provide the representation you so rightfully deserve.
Of course, overtime pay isn’t the only thing associated with employment law. Let’s move on to another area that unfortunately plagues manty workplaces in the United States to this day.
Employment Law and Sexual Harassment
Did you know that one of the most common types of illegal workplace harassment is based on an individual’s gender? Let’s look at some examples of behaviors that may constitute illegal sexual harassment:
1. Unwelcome sexual provocation
2. Demanding sexual benefits
3. Offensive or obscene gestures or jokes
4. Inappropriate physical contact
5. Comments about sexual activity or sexual preferences
6. Sharing inappropriate erotic images
7. Comments on appearance, body, or clothing
8. Asking about a person’s sexual behavior or history
9. Use sex as a condition for employment decisions
If you have been the victim of such instances, it’s important that you seek legal representation immediately.
Do I Need an Employment Law Attorney?
The above behavior is not only disturbing but also often makes the victim feel helpless – as if they have no other recourse but to endure the harassment. If you continue to be in an uncomfortable position due to unnecessary sexual provocations, requests, or other inappropriate behaviors, please don’t hesitate to contact Crary Buchanan Attorneys at Law. We are your trusted and experienced Employment Law Attorney Stuart group that will help you overcome your workplace challenges. If you work in Stuart or the surrounding areas and need qualified representation, you can count on the highly accomplished team at Crary Buchanan to provide the legal counsel you deserve.
The information in this blog post is provided for informational purposes only and is not intended to be legal advice. You should not make a decision whether or not to contact an attorney based upon the information in this blog post. No attorney-client relationship is formed nor should any such relationship be implied. If you require legal advice, please consult with an attorney licensed to practice in your jurisdiction.