My employer is not paying me for hours I worked including overtime. What can I do?

If you are paid by the hour (and not a set salary), you are generally entitled to at least Florida minimum wage for hours worked and to overtime pay if you work more than 40 hours in a week. You are generally not entitled to severance pay, sick leave, vacations, or holiday pay unless your employer provides these.

If you have not been paid wages, you can file a lawsuit in your Florida county – typically in small claims court – or hire a private lawyer to help get your money. You can find information on filing a lawsuit in small claims court by going to the Florida Courts website then click on “self help” link and then “small claims.” You can also go to the U.S. Department of Labor website click on the “topics” link then “wages” for more information.

The law in this area is detailed and frequently changing, so it would be wise to consult an experienced employment lawyer.

Still have questions?

If you live or have a case in Hillsborough, Manatee, Pasco, Pinellas or Sarasota counties, we may be able to help.

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