South Florida Personal Injury Attorney Blog

Florida Wage & Hour Laws are pretty clear-cut and are designed to protect the rights of workers. But, as we've learned in recent weeks, companies don't always treat their employees fairly and within the law. Now, the US Department of Labor (DOL) is offering a high-tech tool to help workers keep track of their hours and even their paycheck.

DOL's new mobile apps are designed for employees to independently track the hours they work and determine the wages they are owed. This type of tool is designed to help employees who may not be getting paid the wages they've earned. With the app, they can talk to their employer about the disparity in pay. If that doesn't work, they can seek help from an experienced Wage & Hour lawyer.

The app is completely free and is also offered in Spanish: Una aplicación que permite a los empleados capturar independientemente las horas trabajadas y determinar el pago que deben recibir.

You may like your job and your employer, but if you're not getting paid what you deserve, you need an attorney with years of experience in Wage & Hour law to fight for your rights and your pay. At the Law Offices of Robert Rubenstein, we can answer your questions in a free consultation. Contact our Miami-Dade or Broward offices at 1-800-FL-Legal (355-3425) or go to rubensteinlaw.com.

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Working overtime and not getting paid for it...that is just one of several allegations in a slew of lawsuits being filed around the country by employees of major chain stores. Pep Boys, Wal-Mart, even Monster.com are all the target of federal lawsuits filed by their employees who claim they were not paid for work done over 40 hours.

According to the US Census Bureau, one-third of American workers clock more than 40 hours per week, but they are not all being compensated. Now, they've had enough and are turning to experienced wage & hour attorneys to fight back. According to an ABC news report, ten current and former Pep Boys employees in three states are accusing the auto parts chain of altering their time cards to avoid paying overtime wages. Wal-Mart is facing dozens of state and federal lawsuits for, according to employees, pressuring workers to work off-the-clock, which is illegal.

The Fair Labor Standards Act says overtime work requires pay of one-and-a-half times regular wages. As more workers become aware of their rights, we'll likely see more overtime pay lawsuits. Already, Starbucks, for example, paid a group of California store managers $18 million to settle an overtime lawsuit.

How do you know if your rights are being ignored by your employer? Here's what to look for:

Told To Arrive Early To Work before you actually punch in? Are you told you have to work after you punch out? If you answered yes, then you are probably entitled to compensation.

Does Your Pay Stub Reflect Fewer Hours than you actually work?

Does Your Employer Deduct Time for Lunch Breaks even when you do not take lunch breaks?

Even If You are paid in cash you may have a case.

Even If Your boss has given you a title such as manager or supervisor and are paid a weekly salary and you work over 40 hours per week you may have a case.

If you think you have a claim, speak to our labor and employment law department staffed by a Florida Labor attorney and Employment Lawyers in order to get answers to your employment law questions. Our experienced legal team knows Florida overtime law and can help you get the pay you deserve. Our consultation is completely free. Contact us in Miami-Dade or Broward at 1-800-FL-Legal (355-3425) or go to rubensteinlaw.com. We can help you navigate employment law and fight for your hard-earned money!

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Florida's minimum wage just went up 36 cents at the first of this year. It's now $7.61 per hour. The minimum wage for tipped employees went up by the same increased amount to $4.65 per hour. This is the first wage increase since 2009.

Florida's minimum wage is the result of a 2004 voter-approved amendment to the Florida Constitution, and it applies to all Florida employees who are covered by the federal minimum wage. Under federal law, employers are required to pay either the federal minimum hourly wage or the states', whichever is higher. Since Florida's 2012 minimum hourly wage will remain higher than the federal minimum wage of $7.25 per hour, employers must follow Florida law.

Florida Employment Law and Wage and Hour laws are very specific and designed to protect the worker. Sometimes employers do not honor your employment rights and our employment lawyers can help you. If you feel your paycheck does not reflect what you're owed, look for some of the common things employers do to reduce the amount of money they owe you for your work:

• Denied overtime pay?


• Told to arrive to work early and start before you punch in?


• Fewer hours than you actually worked reflected in your pay stub?


• Paid in cash?

These are just a few of the areas our employment lawyers can address to help you get the wages you earned at your workplace. For a free consultation contact the Law Offices of Robert Rubenstein at rubensteinlaw.com or 1800-FL-Legal (355-3425). You pay nothing unless we recover money for you.

Florida has no state agency that enforces wage and hour laws, so it's easy to see how some employers can take advantage of workers' rights when it comes to payday. At the Law Offices of Robert Rubenstein, we fight for employees who may not be getting the right compensation for their work.

What are Wage & Hour Laws?

Wage and hour laws come from the federal Fair Labor Standards Act (FLSA) and they set the standard for pay and time worked. This includes issues such as minimum wage, tips overtime, meals and rest breaks, time worked, payment schedule, etc. Most states, including Florida, have their own wage and hour laws, but as mentioned, Florida has no state-mandated agency to enforce the laws. Therefore, employees being taken advantage of have two options: File a complaint with the state, or hire an experienced overtime attorney to fight for you.

Generally speaking, most employees (regardless of whether they are paid hourly or are salaried) must be paid for all the time spent working for their employers. This includes work done before clocking in and after clocking out.

If any of the following apply to you, you might have a claim for unpaid wages against your employer:

- You are asked or told to "work off the clock"
- Your time sheet is changed to show no overtime, even though you worked overtime
- You are denied overtime because it was not approved in advance
- You are paid your same hourly wage, even for overtime hours worked
- You are told to put your hours down on the following week, or you are granted comp time for your hours
- You are automatically clocked out for breaks or lunch, even if you don't take them
- You are paid less than minimum wage ($7.31/hr in Florida; $4.29/hr for tipped employees)
- You are forced to pool your tips with non-tipped employees

If you or someone you know has not been paid overtime or if you suspect you're not being paid correctly, contact the Law Offices of Robert Rubenstein for a free consultation. Our experienced overtime attorneys in Miami-Dade and Broward counties can help. 1-800-FL-Legal.