Tampa Overtime & Minimum Wage Attorneys

Get What You’re Owed by an Employer near Tampa Bay

Under the Fair Labor Standards Act and the Florida Constitution, Florida employers are required to pay a minimum wage that is adjusted periodically and time-and-a-half for all hours over 40 to all non-exempt employees.

At Kwall Barack Nadeau PLLC, our firm pursues the rights and interests of employees involved in disputes with their employers over wages. These laws are complicated, with many exemptions and industry-specific regulations, and these disputes require an attorney who focuses on wage and hour laws, like the attorneys at our firm.

Many workers in the Tampa Bay area, from Clearwater to St. Petersburg, are uncertain whether they are legally entitled to overtime pay or a higher minimum wage because their employers give them confusing explanations about exemptions or commission-based pay. We help employees sort through their pay stubs, schedules, and job duties to determine if the law has been violated, and we explain how federal wage and hour rules interact with Florida law so you can make informed decisions about moving forward with a claim.

If any of these sound familiar to your situation at work, reach out to an overtime and minimum wage attorney in Tampa from Kwall Barack Nadeau PLLC. Contact us online or call (727) 202-5840 to learn about how we can help.

Understanding Unpaid Overtime Claims in Tampa

Many employees only discover an overtime problem after noticing that their paycheck does not match the long hours they have been working, but they may not know what steps to take next or which documents will matter. In an initial consultation, we typically ask you to describe your regular schedule, any off-the-clock work you perform, how you are paid, and whether you receive bonuses or tips, and we compare that information with what the law requires for your position in Florida.

Depending on your circumstances, an overtime lawyer will often evaluate whether your job duties truly fit an overtime exemption, whether you have been misclassified as an independent contractor, or whether your employer has been shaving time from your recorded hours. We may also discuss how far back your potential claim could reach, what types of damages might be available, and how your case might proceed if it is filed in the federal courthouse serving the Tampa Bay region or in the appropriate Florida state court.

Workers are often concerned about what will happen at their job if they raise questions about unpaid wages or talk to a lawyer, especially when they rely on that income to support their families. We can talk with you about your rights under federal and Florida retaliation laws, steps you can take to document what is happening in your workplace, and practical considerations such as whether other coworkers may have experienced similar pay issues that could support a group or class action case.

How Can Employers Violate Labor Laws?

Some employers will look for unethical approaches to avoid paying their full-time and part-time employees the salary they are due for their overtime hours. They will use the following methods:

• Setting hourly and salary wages too low
• Misclassifying employees as exempt
• Misclassifying employees as independent contractors (or 1099 workers)
• Altering time records
• Making improper deductions from employee pay
• Failing to accurately pay tipped employees
• Paying straight time for overtime hours
• Failing to pay for travel time, compensate breaks, and employee training 

When we review a potential unpaid overtime claim, we look closely at how your job is structured, how you are classified, and how your hours are actually tracked, because overtime violations are often hidden in small details that most employees in Tampa never see on a pay stub. We can help you gather your time records, pay information, and any relevant communications so we can compare what you were promised with what you actually received under the law.

We Can Help Clients Pursue Class Actions

Employees who prove that they were not paid the proper minimum wage and overtime may be entitled to an equal amount in liquidated damages, effectively doubling their recovery. We are often able to bring these cases as class actions or collective actions, which allows us to seek compensation for all affected employees.

We have previously represented several classes of the following with claims of unpaid minimum wage and overtime:

• Servers and bartenders
• Retail workers
• Fast food employees
• Student registered nurse anesthetists
• Call center employees

Class and collective actions can be especially powerful in industries where many employees are underpaid in the same way, such as restaurant workers along the Tampa Riverwalk or large retail staff near major shopping areas. By allowing a group of employees to proceed together, these lawsuits can help level the playing field against larger employers and encourage changes in wage practices that benefit current and future workers.

Rely on the expertise of a skilled overtime lawyer near you. Contact us or call (727) 202-5840 now to arrange your consultation without delay.

Frequently Asked Questions

Who Qualifies For Overtime Pay In Tampa, FL?

Most employees in Tampa qualify for overtime pay under the federal Fair Labor Standards Act (FLSA). Non-exempt employees must generally receive overtime when they work more than 40 hours in a workweek. However, some workers—such as certain executives, administrators, or professionals—may be classified as exempt. Misclassification is common. If you believe your employer has denied overtime improperly, an overtime violation lawyer in Tampa can review your job duties and determine whether your rights may have been violated.

How Is Overtime Pay Calculated In Florida?

In Florida, overtime is typically calculated at one and one-half times your regular rate of pay for every hour worked over 40 in a single workweek. Your regular rate may include hourly wages as well as certain bonuses or commissions. If your employer miscalculates your rate or fails to include all compensation, it could result in unpaid wages. Speaking with an overtime lawyer near you can help determine whether your overtime pay has been calculated correctly.

Can My Employer Refuse To Pay Overtime If I Am Salaried?

Being paid a salary does not automatically mean you are exempt from overtime. Many salaried employees still qualify for overtime depending on their job duties and salary level under federal law. Employers sometimes misclassify workers as exempt to avoid paying overtime. If you regularly work more than 40 hours without additional pay, an unpaid overtime attorney in Tampa can evaluate your position and help determine whether you may be entitled to recover unpaid wages.

Contact Our Overtime Lawyers in Tampa Now

If you have been denied your fair pay for your overtime hours, do not hesitate to call Kwall Barack Nadeau. Our experienced overtime lawyers in Tampa will make sure you know your rights. Call us today to review your case and schedule a consultation!

Employees who bring wage and hour claims may need to act within specific time limits, so speaking with an overtime violation lawyer Tampa workers can trust may help you protect your ability to pursue what you are owed. We regularly meet with clients who work in and around downtown Tampa, as well as those employed by businesses throughout Hillsborough and Pinellas Counties, to discuss their pay practices and options in light of federal and Florida wage laws.

Call our Florida minimum wage and overtime attorney at Kwall Barack Nadeau PLLC. Contact us online or call (727) 202-5840 to learn about how we can help you get your unpaid wages.