Florida Employment Lawyer

Jason Melton

Florida Unpaid Overtime Lawyers
Whittel & Melton, LLC
Representing You & Your Colleagues
866-608-5LAW(5529) – Toll free State-wide

You gained overtime. You deserve to be compensated.

Overtime violations are unfortunately rampant throughout businesses in the United States. Florida and federal law is quite clear that hourly workers who put in more than 40 hours a week are permitted overtime pay. Depending on the circumstances, salaried workers can sometimes receive overtime as well. Some common tricks employers use to avoid paying employees for well-earned overtime pay include having you work off the clock or misclassifying your position as exempt from overtime laws. The Law Offices of Whittel & Melton can help you and your fellow employees fight for the unpaid overtime you deserve. To see if you could possibly have an Unpaid Overtime case, review the questions and answers below and CALL US NOW toll-free at 866-608-5529 or EMAIL the lawyers at Whittel & Melton, LLC.

What are Florida’s overtime laws?

Under the Fair Labor Standards Act (FLSA), most employees must be paid at least minimum wage for regular work hours and receive overtime pay when total weekly hours reach more than 40. Florida follows the overtime rules of the FLSA, time and one half regular pay rate for all hours worked in excess of 40 in a regular work week. Overtime can usually be calculated by taking your regular rate of pay and multiplying it by 1.5.

If I am on salary, does that mean I’m exempt from overtime?

It is a common myth of overtime law that employees on salary cannot earn overtime pay. In fact, whether an employee is being paid hourly or if they are on salary should have no bearing on overtime pay. Being paid salary just means you receive the same pay each pay term. Eligibility for overtime is determined by your employment type, essentially whether you are an exempt or non-exempt employee.

What are the overtime pay guidelines in Florida for Exempt and Non-Exempt Employees?

Job titles do not determine eligibility for overtime pay. Rather, wages, duties and occupations decipher whether one can gain overtime pay. Generally, any employee that makes a yearly salary of less than $23,600 can be awarded overtime pay. Likewise, non-management employees performing manual labor or repair, secretarial, kitchen or clerical work are usually permitted overtime pay. With several exceptions, all hourly paid employees should be entitled to overtime. Except for those who travel regularly, most commission-based workers can be awarded overtime. Salaried employees that earn less than $455 per week are allotted overtime. Salaried employees that earn more than $455 per workweek can receive overtime unless their job duties earn them exemption. This usually includes executive, professional, administrative, outside sales or computer-related occupations.

If most of my money is earned through tips, can I still earn overtime?

Employees that earn tips like bartenders, servers and delivery persons are generally entitled to overtime pay when more than 40 hours are worked in a week.

Can comp time be substituted for overtime when an employee works over 40 hours in a workweek?

Generally, an employer cannot substitute overtime pay for comp time or any other type of payment when an employee works more than 40 hours in a workweek. Only certain types of employees, like government workers, can receive comp time. Private employers who offer comp time instead of overtime could be violating the FLSA.

If I never took a lunch break or any type of break during a scheduled break, can I be paid for this time?

An employer can technically only deduct time take for breaks that exceed 20 minutes and that are actually taken and not merely scheduled.

Can independent contractors be compensated for overtime?

If your boss gives you a 1099 form instead of a W-2 form you could still be entitled to overtime pay. The label of “independent contractor” should not bear any weight on whether you receive overtime or not; however, the relationship you have with your boss and the nature of your duties does matter. A qualified lawyer educated in overtime law can assist you in this type of situation.

Can I get fired for filing a claim against my employer for unpaid wages or overtime?

The law is on your side under the FLSA and there are extremely harsh penalties doled out to employers who retaliate against their employers claiming unpaid wages. If you feel you have not received fair payment for your work, you should contact the Law Office of Whittel & Melton IMMEDIATELY at 866-608-5529, Toll Free Statewide Florida, to discuss what steps to take next. Additionally, if you have been fired, demoted or penalized for bringing up unpaid wages to your employer, other claims can be filed to get your position reinstated, regain your unpaid compensation as well as other penalties.

What is minimum wage?

As of June 1, 2011, minimum wage in Florida for hourly workers reached $7.31 per hour. For tipped employees, Florida employers must pay a direct hourly wage of $4.29.

What if my company does not have an overtime policy?

If your place of work does not have any guidelines set forth regarding overtime pay, this could be an indication that your employers are not paying you and your colleagues fairly. This could be intentionally or mistakenly, depending on whether they are familiar with the law. If you feel you have not been paid correctly, you should contact Whittel & Melton today to have your hours and pay analyzed for monetary errors so that you can get the compensation you rightfully earned.

How long do I have to file a claim against my workplace?

Under the FLSA employees are allotted as much as 3 years to recover overtime. Florida employment law can sometimes extend claims for unpaid wages beyond the 3 year period.

If you feel you are owed unpaid overtime wages, please contact the Law Office of Whittel & Melton ASAP at 866-608-5529, Toll Free Statewide in Florida for a free consultation regarding your rights.

We proudly serve clients throughout the state of Florida and have offices in the following communities:

Hernando County Unpaid Overtime Attorneys – Brooksville, Spring Hill Overtime, Wage & Hour Lawyers 352-666-2121

Marion County Unpaid Overtime Attorneys – Ocala, The Villages Overtime, Wage & Hour Lawyers 352-369-5334

Alachua County Unpaid Overtime Attorneys – Gainesville Overtime, Wage & Hour Lawyers 352-264-7800

Hillsborough County Unpaid Overtime Attorneys – Tampa, Brandon Overtime, Wage & Hour Lawyers 813-221-3200

Pasco County Unpaid Overtime Attorneys – New Port Richey, Dade City Overtime, Wage & Hour Lawyers 727-847-2299

Sumter County Unpaid Overtime Attorneys – Bushnell, The Villages Overtime, Wage & Hour Lawyers 352-793-9330

Citrus County Unpaid Overtime Attorneys – Inverness, Crystal River, Homosassa Overtime, Wage & Hour Lawyers 352-726-0078

Pinellas County Unpaid Overtime Attorneys – St. Petersburg, Clearwater Overtime, Wage & Hour Lawyers 727-847-2299

Levy County Unpaid Overtime Attorneys – Bronson, Cedar Key Overtime, Wage & Hour Lawyers 352-726-0078

Lake County Unpaid Overtime Attorneys – Tavares, Leesburg, Clermont Overtime, Wage & Hour Lawyers 352-793-9330

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This firm was extremely helpful and courteous to deal with. I did not expect to need their services, but was fortunate to find such a great firm. Thank you for your services.


Great customer service. I was always kept updated on every new detail throughout my whole case. The staff made me feel very comfortable and confident in choosing their services. Highly recommend.


I have been to this office three different times and have not one complaint ! Always prompt and on point. I wouldn't pick any other office!


The staff was very attentive and answered all my questions regarding my criminal case. I was very pleased with the outcome and professionalism.


Could never see myself using any other law firm. My case was a difficult one it was handled with perfection and extreme professionalism.


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Main Office
11020 Northcliffe Blvd

Spring Hill, FL 34608

Phone: 352-666-2121 Fax: 352-556-4839 Toll Free: 1-866-608-5LAW