Tampa Overtime & Minimum Wage Attorneys

Protecting Florida’s Workers

Florida employees are protected by a variety of federal and state laws that require their employers to pay them a minimum wage, as well as provide them with overtime pay when they work more than 40 hours in a week. If your employer has failed to meet these requirements, you could be entitled to back wages, as well as additional compensation.

For the skilled legal representation you deserve, call Kwall Barack Nadeau PLLC today at (727) 202-5840 or contact us online.

Understanding Florida’s Minimum Wage

Florida's minimum wage is in the process of increasing by one dollar each year until it reaches $15.00 on September 30, 2026. However, not all employees are entitled to the state minimum wage. Specifically, employees who receive tips are not required to be paid the minimum wage. However, if the tips, combined with the hourly wage, do not equal the minimum wage, the employer is required to make up the difference.

Florida’s minimum wage also does not apply to certain other employees, including but not limited to the following:

• Employees who are not covered by the Fair Labor Standards Act
• Employees who are exempt from the state minimum wage
• Employees who are younger than 16 and are not working for their parents or guardians

Employees who are not covered by the state minimum wage are those who are not engaged in interstate commerce. This includes most local government employees, as well as certain employees of amusement and recreational establishments, fishing operations, and small newspapers.

Understanding Florida Overtime Laws

Under Florida law, employers must pay their employees one and a half times their regular hourly wage for any hours worked over 40 in a workweek. This is the same as the requirement under federal law.

However, not all employees are entitled to overtime pay. Specifically, the following are exempt from overtime:

• Executive, administrative, and professional employees who are paid on a salary basis
• Outside salespeople
• Some computer professionals
• Some farmworkers
• Some domestic workers
• Some employees of seasonal recreation establishments and small newspapers
• Some seamen
• Some workers in the fishing industry
• Some switchboard operators
• Some employees of certain types of local transit companies

It is important to note that if you are paid on a salary basis, you are not automatically exempt from overtime. Instead, you must meet certain criteria to be considered exempt.

Understanding the Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) is a federal law that establishes the minimum wage, as well as the requirement to pay overtime. It applies to most employees in the private sector, as well as employees who work for federal, state, or local government. The FLSA also includes certain child labor provisions, which are designed to protect minors from working in dangerous conditions.

However, the FLSA includes a number of exemptions, which means that not all employees are entitled to overtime. For example, certain employees who work in administrative, executive, or professional capacities are exempt from the FLSA’s overtime requirements. There are also certain exemptions that apply to computer professionals, as well as certain highly compensated employees.

What Is Wage Theft?

Wage theft is a term used to describe an employer’s failure to pay their employees the wages they are owed. This can include an employer’s failure to pay an employee the minimum wage, as well as an employer’s failure to pay an employee for all of the hours they have worked.

Wage theft can also occur if your employer fails to pay you overtime. For example, if you are a non-exempt employee and you work more than 40 hours in a workweek, your employer is required to pay you one and a half times your regular hourly wage for any hours worked over 40. If they fail to do so, they have committed wage theft.

Wage theft is illegal under both federal and Florida law. If your employer has committed wage theft, you could be entitled to back wages, as well as additional compensation.

How Our Attorneys Can Help

At Kwall Barack Nadeau PLLC, we understand how important it is for you to be fairly compensated for your work. Our attorneys can review your case and help you understand your rights. If your employer has failed to pay you the minimum wage or overtime, we can help you fight for the wages you are owed. We can also help you understand whether you are entitled to additional compensation, such as liquidated damages and attorney fees.

Our firm represents clients in a variety of wage and hour disputes, including those involving the following:

• Unpaid overtime
• Unpaid minimum wage
• Improper tip pooling
• Misclassification of employees
• Independent contractor misclassification
• Failure to provide meal or rest breaks

To schedule a consultation with our Tampa overtime and minimum wage attorneys, call us today at (727) 202-5840 or contact us online.