Overtime Retaliation Claims

You get up and go to work each day, giving so much of yourself to your employer. In turn, you expect to be fairly compensated for each and every hour that you work, including overtime wages. However, too often, employers drag their feet when it comes to making good on their commitment to pay overtime wages. Occasionally, employees are left with little choice but to pursue a claim for overtime wages against the company. In turn, an employer may illegally retaliate against an employee for lawfully pursuing their rightfully earned wages.

At the Miami workers’ rights law firm of Friedman Rodman Frank & Estrada, our dedicated lawyers are committed to advocating on behalf of workers—and only workers. We take great pride in leveling the playing field between employers and employees, holding employers accountable for their unlawful overtime retaliation.

In Florida, the rules about overtime pay are pretty straightforward and are designed to make sure you get paid fairly for the extra hours you work over 40 hours in a given week. While Florida doesn't have its own specific overtime laws, it follows the federal Fair Labor Standards Act (FLSA). Under this act, if you work more than 40 hours in a single workweek, you are generally entitled to overtime pay. This overtime pay is one and a half times your regular pay rate. For example, if you usually earn $10 per hour, your overtime rate should be $15 per hour.

Not everyone is eligible for overtime pay, though. Certain types of jobs, like some executive, administrative, and professional roles, as well as outside sales employees and certain computer professionals, may be exempt from overtime. This means if you are in one of these roles, you might not get paid extra for working more than 40 hours.

In Florida, overtime retaliation happens when your employer treats you unfairly because you asked for or used your legal right to overtime pay. According to Florida law, if you work more than 40 hours in a week, you're generally entitled to overtime pay, which is one and a half times your regular pay rate. If you make a claim for this overtime pay or simply request it, your employer is not allowed to punish you.

For example, if you've worked extra hours and asked to be paid your overtime, your employer might react negatively. This can show up as them giving you a worse schedule, suddenly decreasing your regular hours to avoid future overtime, or even disciplining you for small mistakes that they ignored before. In more severe cases, they might try to find reasons to fire you. All of these actions can be seen as overtime retaliation if they start happening after you claim or ask for your overtime pay.

If you feel like you're being retaliated against because you asked for your rightful overtime pay, it's important to speak up. You can start by talking to someone in your company's human resources department. If that doesn't help, reach out to a Miami overtime retaliation lawyer at Friedman Rodman Frank & Estrada to discuss your rights and possible next steps. Remember, the law is there to protect you from being treated unfairly for claiming what you rightfully earned.

While employers have many ways to retaliate against workers for demanding the overtime pay they’ve earned, below are some of the more common examples of overtime pay retaliation.

Shift Changes: Let's say you've been working some extra hours over 40 during the week and have asked to be paid overtime. Suddenly, your boss starts scheduling you for less desirable shifts, like very early mornings or late nights, which you never had to work before. This change seems to be in response to your overtime request. It's not just inconvenient; it feels like a punishment for asking for your rightful pay.

Denial of Promotions: Imagine you're due for a promotion because of your hard work and dedication. However, after you claim overtime pay for several long weeks, you notice you're being passed over for that promotion without a clear reason. It might seem like your employer is retaliating against you for insisting on your overtime rights.

Unjustified Disciplinary Actions: After you start filing for overtime, you suddenly receive warnings for minor mistakes or behaviors that were never an issue before. For example, being a few minutes late or minor errors in your work might suddenly lead to formal reprimands. This could be your employer's way of creating a basis to fire you or make your work life difficult because you claimed overtime.

If your employer recently fired or transferred you, cut your hours or began assigning you less desirable shifts, you may be the victim of employment retaliation. If this sounds familiar, the Miami overtime retaliation lawyers at Friedman Rodman Frank & Estrada can help. At our firm, we have a long history of advocating on behalf of employees, ensuring they receive the compensation they worked hard to earn. To learn more, and to schedule a free consultation with an experienced Miami employment retaliation lawyer today, call (305) 448-8585. You can also connect with us through our secure online contact form.