JONES LAW GROUPYour Lawyers for Life! Personal Injury Law Firm in St. Petersburg
In recent years, Florida businesses have been very aggressive in cutting back on expenses and costs, sometimes at the expense of their employees. Have you ever received a paycheck which was short hours? What did your boss do to fix the situation? At best employers will add the missing hours to your next check, but […]
Call our personal injury law office directly at (727) 512-9847
At Jones Law Group in St. Petersburg, FL, we would like to hear from you. Contact us for a free personal injury case consultation.
Call our personal injury law office at (727) 512-9847
Get educated on the Florida's personal injury laws and more.
In recent years, Florida businesses have been very aggressive in cutting back on expenses and costs, sometimes at the expense of their employees. Have you ever received a paycheck which was short hours? What did your boss do to fix the situation? At best employers will add the missing hours to your next check, but some will refuse to rectify the problem at all. Most employees are not aware of their rights to recuperate the regular or overtime hours they worked, but for which they were not paid.
The Wage and Hour Division of the U.S. Department of Labor regulates The Fair Labor Standards Act (FLSA) which establishes minimum wage, overtime pay, recordkeeping, and child labor standards that may affect full time and part time workers in private businesses and also State, Federal and local governments. In order to collect overtime wages, you must be a non-exempt employee, meaning you are entitled to receive overtime pay based on your position and duties.
Some jobs are classified as exempt by definition. Outside sales employees are non exempt, by definition. While there are grey areas, most employees can be classified as exempt or non-exempt based upon three basic criteria: how much they are paid; how they are paid; and what kind of work they perform. As a general rule, exempt employees must be paid at least $23,600 per year on a salary (not hourly) basis and must perform exempt job duties. Failure to meet any one of the criteria will result in the employee being considered non exempt and eligible to collect overtime wages.
Obviously, the first two criteria can be easily determined. It is the third prong of the test which examines the type of work performed that causes the most trouble. If your job duties include the following abilities and/or duties you will likely be considered an exempt employee.
• Supervising two or more other employees
• Management is the primary duty of the position
• Ability to hire, fire, train, promote and discipline employees
• Ability to set rates of pay
• Ability to set sales goals
• Planning the work
• Apportioning the work among the employees
• Planning budgets
• Monitoring work for safety, legal and regulatory compliance
However, even if your job description seems to qualify as a non exempt position you may still qualify for overtime pay if your employer does not treat you as a non exempt employee. An example of this would be if your employer “docks” your pay if you miss a day of work. According to FLSA, non-exempt employees must be paid overtime wages at a rate of no less than one and one-half (1 1/2) times their regular rate of pay, after 40 hours of work has been completed within a work week.
An employee looking to file a claim for overtime compensation must do so within a specified time period. There is a statute of limitations in the State of Florida for filing such claims. In Florida, you must file your claim within two years of the date which you were entitled to earn the pay. As an employee, you are eligible to recover wages retroactively two (2) years from the date of filing your claim.
There are certain exceptions to the rules for non-exempt employees with overtime wage claims. If you or someone you know are faced with an uncompensated overtime matter, contact Jones Law Group in St. Petersburg, Florida for a free consultation to determine your rights.
If you feel that your employer has not paid you hours for which your are entitled, you should immediately call an experienced wage and overtime attorney at Jones Law Group at (727) 571-1333 during regular business hours or (727) 753-8657 on weekends or after regular business hours. We will evaluate your case for free and you will never pay us a dime unless we recover compensation for your unpaid hours.
Jones Law Group
5622 Central Avenue
St. Pete, FL 33707
Riding a bike in any state can be scary, with the potential of a bicycle accident always on the horizon. Many drivers don’t properly share the road, leaving enough space for bicyclists to operate without feeling unsafe. While there has been a huge movement in recent years, with cities adding bike lanes and other safety […]
You could still obtain compensation even if you were partly at fault for the car accident that resulted in your injury, thanks to the legal principle known as “comparative negligence.” Even though you contributed to the accident, that doesn’t necessarily mean you can’t get money for your medical bills and other expenses. The attorneys with […]
Florida has nearly twice the amount of coastline as any other state in the continental U.S.[1] Pinellas County, alone, has 35 miles of beaches and many miles more of coastline. Additionally, pools are a very common feature of homes in St. Petersburg, Clearwater and Tampa. All of these things sound wonderful, but it also makes […]
Florida Laws Regarding Passengers on a Motorcycle Florida has very relaxed laws on the use of motorcycles. As far as passengers are concerned, they must occupy either a separate seat or a seat meant for two riders and they must have footrests dedicated solely to their use.[1] There is no minimum age requirement for passengers, […]
How does not wearing a seatbelt affect your Florida car accident case? Learn how comparative negligence can reduce your claim, illustrated by a real court case.
By: Heath C. Murphy + – Personal Injury I have blogged about the dangers of suffering a head injury and the cognitive and emotional impairments that can be caused by head injuries, however new studies indicate a link between head injuries and early onset dementia. Some of the more common causes of traumatic brain injuries […]
Speak with us before time runs out! In Florida, you have a limited window to file a personal injury case, so speak to an Attorney today.
Call our personal injury law office directly at (727) 512-9847
Jones Law Group is a dedicated personal injury lawyer in St. Petersburg, FL, serving the Tampa Bay area since 2006. Our experienced attorneys specialize in car accidents, slip and fall cases, employment law disputes, construction law issues, and overtime wage claims, fighting for maximum compensation on a contingency fee basis. Contact us for a free consultation to discuss your case.
Call our personal injury law office at (727) 512-9847
© Copyright 2006–2025 Jones Law Group Attorneys at Law. All rights reserved. Privacy Policy Terms of Use
Attorney Advertising.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Past results do not guarantee similar outcomes.

See the things you NEED TO DO after your accident. Get the 5 to-do's sent directly to your email.