Miami Employment and Lost Wages Attorneys
According to Florida International University using data from the U.S. Department of Labor Wage and Hour Division, Miami-Dade County has the largest amount of documented wage theft cases and the largest average amount of wage recovery per worker in the state of Florida. What is wage theft? Wage theft occurs whenever an employer underpays a worker what they are owed, pays less than the minimum wage, fails to pay overtime, fails to pay for all hours of work, takes an unlawful tip credit, makes improper deductions from employees’ paychecks, or misclassifies employees as exempt from overtime. These actions are called wage theft because workers are literally robbed of wages they are due under the law.
Abraham Law Group stands up for the rights of the injured and oppressed in Miami, including wage earners who are not paid what they owe or who are discriminated against and harassed at work because of their race, color, religion, gender, age, and other legally protected characteristics. If you need help as an employee in Miami experiencing wage and hour violations or discrimination in the workplace, call Abraham Law Group for a free case evaluation regarding your potential legal claims.
Wage and Hour Violations – Unpaid Wages
In 2020, Florida passed an increase to the state’s minimum wage. Covered workers in Miami are supposed to earn at least $10 an hour in 2021, increasing a dollar an hour every year until the state reaches a minimum wage of $15 an hour in 2026. This will be double the federal minimum wage, which has been stuck at $7.25 an hour since 2009.
Employers violate the law when they pay wages that fall below the minimum wage. Employers must pay for all hours worked. This includes hours you work even if they are normally unpaid. If your lunch hour is unpaid but you eat your lunch at your desk and continue to work or take calls, you should be paid. If you stay late to catch up on work or finish an assignment and your employer doesn’t send you home, they need to pay you for that extra time. Other common reasons for wage and hour violations include:
- Forcing employees to work off the clock
- Not paying for “wait time” or time spent “on-call” where the employee is required to remain at the worksite
- Not paying for travel time while on duty
- Payroll mistakes, such as calculation errors or entering hours incorrectly
- Taking an unlawful tip credit from tipped employees
In Florida, if you bring a successful lawsuit against your employer for unpaid wages, you can recover double the amount of unpaid wages (the double penalty applies unless they can show their error was an innocent mistake made in good faith). Plus you can have your attorney’s fees and costs paid by the employer, allowing you to keep the full amount of your monetary award.
Wage and Hour Violations – Unpaid Overtime
Another major wage violation employers commit is failing to pay overtime properly. If you work more than 40 hours in a week, you are required to be paid overtime equal to “time and a half” your regular wages for every hour worked over 40 (for example, if you make ten dollars an hour, overtime should be paid at $15/hour).
Employers make overtime errors by failing to count hours correctly and account for overtime. Employers also can be guilty of misclassifying employees as exempt from overtime. Exempt include executive, administrative, or professional workers. To be exempt, these employees must be paid on a salary basis that meets certain requirements, and their job duties must align with the requirements for the exemption under the Fair Labor Standards Act (FLSA). Employers often want to include too many people in these exempt categories, either intentionally to avoid overtime or because they misunderstand the definition of an exempt employee.
The same is true for independent contractors. Independent contractors don’t get overtime, but employers frequently misclassify workers as independent contractors when they are really employees. Courts look at a dozen or more factors to determine whether a worker is an employee or an independent contractor. Don’t just take your employer’s word for it. If you think you might be missing out on overtime pay because your boss says you are exempt, call Abraham Law Group for a free case evaluation.
The law allows you to go back and recover unpaid wages from the past two years, or three years if the employer’s violation was willful. But any unpaid wages older than that are gone forever. Act quickly as soon as you notice discrepancies on your paycheck so we can work to recover all the unpaid wages you are owed.
Employment Discrimination and Harassment
In addition to wage and hour violations, our employment lawyers also stand up for workers who have been discriminated against or sexually harassed at work. A number of federal laws prohibit discrimination and harassment in the workplace, including Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Equal Pay Act, the Pregnancy Discrimination Act, and others. In addition, the Florida Civil Rights Act outlaws discrimination and harassment as well and is broader than federal law in some areas. State and federal laws also prohibit discrimination or termination in retaliation for whistleblowing or complaining about unlawful treatment.
The following are protected classes under federal law:
- Race
- Color
- National Origin
- Religion
- Sex
- Age
- Disability
- Pregnancy
- Childbirth
- Sexual Orientation
- Gender Identity
- Genetic Information
- Citizenship Status
Additionally, Florida law protects people from employment discrimination based on the following characteristics:
- Marital Status
- HIV Positive
- AIDS Diagnosis
- Sickle Cell Anemia
These laws cover most workplaces with 15 or more employees and give you one year from the discrimination to file a claim. Abraham Law Group can help you decide whether to file your claim with the federal EEOC or the Florida Commission on Human Rights. The state or federal agency may investigate the case and help you resolve it or prosecute the employer, or they may issue you a right to sue letter and allow you to sue the employer yourself. In a lawsuit, you could recover money damages including pay you lost as well as compensation for the harm you suffered, plus punitive damages in appropriate cases. You can also get your job back if you were fired, get a promotion or raise you were due, and other relief.
Our lawyers are skilled and experienced in negotiating, mediating, litigating and resolving civil lawsuits through settlement or jury verdict. We’ll take your case as far as it needs to go and work to resolve your matter efficiently and effectively.
Help With Miami Employment Discrimination and Wage Disputes
For help with a Miami wage and hour claim or employment discrimination issue, call Abraham Law Group at 786-224-4555 for a free case evaluation. When you get treated unfairly at work, our dedicated team is here to maximize your results and minimize your stress.
