Ensuring Proper Payment of Earnings

Overtime and wage disputes occur when an employee claims that their employer did not pay them fairly for their hourly work. Whether you are the employee or the employer, Chanfrau & Chanfrau can help resolve overtime and wage disputes. To schedule a consultation with an overtime and wage dispute attorney at Chanfrau & Chanfrau, call our offices in Palm Beach and Daytona, FL, at (386) 258-7313, or send us a message online.

woman on computer
Our attorneys can help you reach a resolution with your employer or employee.

What Is an Overtime and Wage Dispute?

In most work situations, the pay structure is clear, and employees know what to expect on payday. But there are situations in which an employee suspects he or she has not been paid all that is due, or an employee demands more than what has actually been earned. In these circumstances, the conflict can be resolved through an overtime and wage dispute claim.

Video: Overtime and Wage

Kelly Chanfrau represents individuals who have not been paid the legal minimum wage required by law, or who have been denied overtime wages for hours worked. Non-exempt employees who work over 40 hours a week, or are required to work during lunch or other off-the-clock hours, are owed overtime pay. If you have a wage dispute with your employer, Chanfrau & Chanfrau can work to protect your rights.

Minimum Wage Requirements

The minimum wage for work in Florida is $8.25 per hour. For jobs where tips are part of the pay structure, employers must pay an amount that totals at least $8.25 per hour when tips are counted. The end result for positions like wait staff and hostesses might be a wage lower than $8.25 per hour as long as the total hourly wage equals at least $8.25 when considering earnings from all sources. 

Overtime and wage dispute matters involve complex questions of law. Partner with an attorney today for a fair resolution.

Overtime Pay

Overtime pay is one and a half times the hourly pay rate. When a qualifying employee works more than 40 hours per week, the number of hours exceeding 40 is paid at an overtime rate. In order to qualify for overtime, an employee must:

  • Be classified as an hourly employee.
  • Be considered nonexempt.
  • Receive a W2, rather than provide services on an independent contractor basis.
  • Work as an employee, and not a volunteer.

There are other categories of nonexempt employees, such as seasonal workers. The determination as to whether an employee is nonexempt and thus entitled to overtime is the first legal hurdle in any overtime dispute case. In order for an employer to comply with overtime laws, the employer must remit payment at the overtime rate to all qualifying employees. Most employers have a duty to pay overtime, but there are some exceptions.

Employers are required to pay overtime pursuant to the Federal Fair Labor Standards Act, which covers companies making $500,000 or more annually. Smaller employers may also fall under the Act if they engage in certain types of business. For an analysis of when overtime is due and whether it has been paid, or to find out if you are required to pay your employees an overtime rate, let us review your case.

How We Help

At Chanfrau & Chanfrau, we represent both employees and employers. We understand the importance of being paid what is due, and also recognize the rights of employers to pay only what is legally owed. Our team can help you reach a fair resolution within the perimeters of the law.

Call Us Today

For help with your overtime and wage dispute, call us at (386) 258-7313, or contact us online to schedule an appointment. We understand state and federal wage laws, and can use that knowledge to protect your rights. 

Attorneys at Chanfrau & Chanfrau

Chanfrau & Chanfrau

Chanfrau & Chanfrau has been serving Floridians in Daytona Beach and the surrounding areas since 1976. With three attorneys and two locations, we have the resources to help you after an accident or injury. We are proud of our many achievements, including inclusion in:

  • America's Top 100 Attorneys
  • The National Trial Attorneys Top 100 List
  • Florida Trend's Florida Legal Elite

For more information about our legal services, contact our firm online or call (386) 258-7313 today.

Contact Our Practice

Rate, Review & Explore

Social Accounts Sprite
Google map image of our location in 701 N Peninsula Dr  Daytona Beach, FL

Daytona Beach Office

701 N Peninsula Dr
Daytona Beach, FL 32118

Open Today 24 hours

Open 24 hours

Google map image of our location in 145 Airport Rd Ste A Palm Coast, FL

Palm Coast Office

145 Airport Rd
Ste A
Palm Coast, FL 32164

Open Today 24 hours

Open 24 hours

Google map image of our location in 100 E New York Ave Ste # 103-R DeLand, FL

DeLand Office

100 E New York Ave
Ste # 103-R
DeLand, FL 32724

Open Today 24 hours

Tell us a bit about yourself...

(386) 258-7313 Send a message