Many employers think that if their employees are paid a salary, they are not covered by the Fair Labor Standards Act (FLSA) and are not entitled to overtime pay when they work more than 40 hours in a single week. But in many cases, these employees are entitled to overtime, as are many employees who are wrongly classified as independent contractors in order for employers to avoid paying overtime wages. Workers May Fear Employer Retaliation Retaliation against people who bring unpaid overtime claims is illegal, and employers who retaliate can be held both civilly and criminally responsible. Specifically, your employer is not allowed to retaliate by: • Firing you for a made-up or nonexistent reason • Lowering performance reviews • Withholding wages • Firing your relatives in retaliation • Disciplining you out of proportion to standard practices Workers May Think It’s Too Late If you believe you were cheated out of overtime wages, you can recover up to two years of unpaid back wages, or in some cases, up to three years of unpaid back wages if the employer is found to have recklessly violated the FLSA. It’s important not to wait if you believe you have been illegally denied overtime wages. Contact a South Florida overtime attorney as soon as possible. Non-U.S. Citizens Have Rights Too If you are not a U.S. citizen, your immigration status or national origin is irrelevant in claims for overtime back wages under the FLSA. This law applies to “any individual” working for an employer and there are no exclusions or exceptions for those who are not U.S. citizens, or even for workers who are not in the U.S. legally. If You’ve Been Illegally Denied Overtime Pay A south Florida labor lawyer can help you determine if you are entitled to overtime back wages. If you worry that you’re not entitled to overtime pay because you’re a tipped employee or a salaried employee, speak with a south Florida overtime attorney. You may find that you’re owed back wages and that your employer can be held responsible for denying them to you.
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