Legal Question in Employment Law in Florida

Overtime Pay

worked 2 years @ a co. never recieved but straight time. Not employed there now(8/2004-8/2007) but my son in law is and he was told they just found out they have to pay time and half and have been for abt a month now. Am I owed my OT pay? We avg abt 10 hrs a wk.


Asked on 11/18/07, 6:25 pm

3 Answers from Attorneys

Andrew Frisch Morgan & Morgan, P.A.

Re: Overtime Pay

The Statute of Limitations applicable to a case seeking wrongfully denied overtime pay is 2 years in most cases. If you can show that the employer willfully denied you time and a half or did so in bad faith, in very limited circumstances the law allows you to pursue wages going back a full 3 years. Therefore, it sounds like at least some of your claim would still be valid from a statute of limitations perspective.

As you may know, you can pursue a claim for unpaid overtime wages either through the Department of Labor (public) or through a private lawsuit. In the event you bring a private lawsuit, you may be entitled to collect up to 2 times what you should have been paid in the first place. Additionally, the law provides that in many cases, your former employer is responsible for paying your attorneys fees and any costs of the litigation.

I regularly handle claims like yours throughout Florida on a contingency basis. If you'd like to discuss pursuing a claim for your wrongfully denied overtime wages feel free to give me a call at (877)456-WAGE.

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Answered on 11/18/07, 9:34 pm
Keith Stern Shavitz Law Group

Re: Overtime Pay

You may very well be entitled to collect unpaid overtime for a period dating back two years from the filing of a potential claim (and up to 3 years where applicable). You should consult with a lawyer before more time passes to ensure that you don't lose any portion of your unpaid wages should you in fact have a claim. Please feel free to contact us for further assistance.

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Answered on 11/19/07, 12:36 am
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: Overtime Pay

Depending upon your job duties, you may be owed overtime and you can go back 3 years if the failure to pay was wilful. Please contact an attorney. If you would like to consult with me, please call my office.

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Answered on 11/19/07, 12:28 pm


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