Overtime pay (one and one-half times the regular hourly rate received) is due to an employee after 40 hours of work in a workweek. Special exceptions apply with respect to certain professions and positions, such as police officers, managers, and hospital and nursing home employees.
Generally, an independent contractor is a person who works for more than one company at a time and fully controls his or her own work. Generally, independent contractors are not employees of any one company and are not entitled to overtime pay. It is important to note that many times a person will be misclassified as an independent contractor when he is actually an employee. It is in your best interest to contact Thomas & Pearl and speak to one of our experienced overtime attorneys who can evaluate your case.
Usually, salaried employees are due overtime pay. There are several exceptions to this rule, including commissioned sales employees, computer programmers, executive, administrative, professional or outside sales employees, physicians, truck drivers and union employees (with certain restrictions).
How do I prove that my employer knew or had reason to believe that “off the clock work” was being performed?
An employer is held responsible for his or her employee’s actions, regardless of whether or not the employer knew what the employee was doing. Employers must keep detailed time records. An employer can be liable even without actual knowledge of the work being performed because employers are able and have a duty to inquire as to what the employee is doing after hours at work. If the employee hides his or her actions from the employer, the employer may not have to pay overtime.
Contact Thomas & Pearl to discuss your case with an experienced overtime lawyer who knows your rights and understands the law.
No. It is unlawful for an employer to fire or retaliate against an employee if he or she sues for unpaid wages.
I received a severance agreement and/or signed a waiver stating I would not sue the company. What rights do I have?
All private employees have the right to minimum and overtime wages even if they signed a waiver. In other words, for overtime purposes, employees who sign a waiver or a severance agreement have the same rights as if they had not signed anything at all.
Liquidated damages are unpaid back wages, possibly resulting in double the unpaid amount. Employees are generally entitled to liquidated damages and can receive them through a lawsuit against the employer.
Usually, our law firm handles overtime cases on a contingency fee basis, meaning you pay no upfront attorney’s fees and we only get paid a percentage of the money we get for you.
Each case is different and there is no way to predict how long a case will take. Some cases can be settled out of court quickly.
Usually, our law firm handles overtime cases on a contingency fee basis, meaning you pay no upfront attorney’s fees and we only get paid a percentage of the money we get for you.An employer misclassifies an employee’s job title by telling the employee that because of his or her job title, such as manager or some professional designation, he or she is not entitled to overtime pay;An employer tells an employee that he or she is paid on salary (ie: a set amount every week or twice a month) and therefore is not eligible for overtime pay;An employer claims overtime pay is not owed because the overtime was not requested or approved in advance;An employer claims an employee is not entitled to overtime pay because he or she signed a waiver or severance agreement;An employer claims an employee is not entitled to overtime pay because he or she is an independent contractor;An employer credits an employee who worked overtime with comp time or carries the hours into the following week instead of paying overtime pay;An employer pays the employee only the regular rate of pay for hours worked in excess of 40 hours in a week and gives different excuses such as the employee could or should have finished the work within 40 hours in a week;An employee worked during his or her lunch break in some capacity but was not paid for that time;An employer tells an employee that work he or she has completed is considered “off the clock” and therefore the employee is not entitled to overtime pay;An employee is not paid commissions that are owed to him or her; andAn employee is paid less than minimum wage.
A personal injury (also called bodily injury) is any physical or mental injury to a person as a result of someone’s negligence or harmful act. What if an insurance adjustor offers me a settlement? Before accepting a settlement, you should always consult an experienced injury lawyer who understands injury law and knows an accident victim’s rights. Insurance adjustors work for the insurance company- not for you- and their job is to settle your case for the lowest amount possible! Consult with an injury attorney at Thomas & Pearl before accepting any offer made to you by the insurance company.
Before accepting a settlement, you should always consult an experienced injury lawyer who understands injury law and knows an accident victim’s rights. Insurance adjustors work for the insurance company- not for you- and their job is to settle your case for the lowest amount possible! Consult with an injury attorney at Thomas & Pearl before accepting any offer made to you by the insurance company.
If you have been injured in an accident, it is in your best interest to contact an experienced injury attorney at Thomas & Pearl before you give any statements or sign any papers. Our attorneys will fight for you to receive fair compensation for your injuries.
We take all of our personal injury cases on a contingency fee basis, which means you pay us NOTHING unless we get you money for your injuries. Typically, when we win your case our attorney fees will consist of a percentage fee of the total case recovery, plus costs.
Yes. At the initial consultation, an injury lawyer from Thomas & Pearl will meet with you to discuss your case. After the initial consultation and for the remainder of our representation of you, our experienced Florida injury team consisting of attorneys, paralegals, legal investigators, medical investigators, and legal assistants will be involved in the handling of your claim.
After our experienced injury team thoroughly investigates your case, we determine an amount of money that we believe the insurance company must pay for your injuries. We examine many factors, such as how the accident happened, the injuries you suffered, future medical problems, amount of medical expenses and lost income, and future medical costs and loss of income.
Compensation for your injuries depends on several factors including, but not limited to, medical bills, rehabilitative/ongoing care, emotional pain and suffering, lost wages, lost earning capacity, physical disability, disfigurement, permanent scars, loss of enjoyment, loss of love and affection, mental disability, property damage, and punitive damages.
In the event you are unable to come to one of our offices, an injury lawyer from Thomas & Pearl will meet with you at your home, the hospital, or any other meeting place convenient for you.
Yes. Different lawyers may see a case differently. Some lawyers may not be familiar with the type of case you have. It is always in your best interest to contact an experienced Florida injury lawyer about your case. At Thomas & Pearl, our injury attorneys are available to answer your questions 24 hours a day, seven days a week.
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Yes. You have thirty (30) days to report your accident or injury to your employer, however there are exceptions to this so it is important that you contact an experienced workers compensation attorney.
Your employer must provide all medically necessary treatment. The medical provider, authorized by your employer or the insurance company, will provide the necessary medical care, treatment and prescriptions related to your injury.
It depends. All authorized medical bills should be submitted by the medical provider to your employer’s insurance company for payment. However, once you reach maximum medical improvement you may be required to pay some monies out of pocket.
In most cases, your benefit check, which is paid bi-weekly, will be 66 2/3 percent of your average weekly wage. If you were injured after October 1, 2003, your average weekly wage is calculated using wages earned 13 weeks prior to our injury, not counting the week in which you were injured.
You can expect your first check within twenty-one (21) days after you report the injury to your employer.
Yes. However, you should expect an offset in your workers’ compensation check to be applied because the law requires that social security and workers’ compensation benefits combined may not exceed 80 percent of your average weekly wage earned before your injury.
Contact Thomas & Pearl immediately and speak with an experienced Florida workers compensation attorney who can evaluate your case and determine the appropriate course of legal action aimed at maximizing your monetary recovery.