Miami Wage & Hour Dispute Attorney
Every successful business is based on a positive relationship between its employers and employees. Employees have the right to expect fair and timely compensation for their work. Likewise, employers have the right to expect that their guidelines are followed and work is completed. If this relationship falters and leads to a wage and hour dispute, we can help, contact our experienced Miami wage & hour dispute attorneys today.
At the law office of Penichet Law we have more than 22 years of experience helping employers and employees resolve wage and hour disputes. Whether you are a construction worker, or an hourly employee who has not been paid overtime, a real estate agent who has not been paid commissions, a waiter or bartender who has not been provided an appropriate wages and tips, or a business owner who wants to avoid mistakes or has a wage and hour claims made against you, we can help.
We are here to stand up for your rights. At our law firm, we will take the time to understand your situation, make recommendations, and if need be fight to see that your rights are protected.
We handle disputes for employers and employees regarding:
- Overtime claims: This includes claims that an employer failed to pay overtime to nonexempt employees, the payment of overtime at regular wage rates rather than the statutory premium rate of pay (1.5 times the employees regular hourly rate of pay), or forcing employees to work additional hours off the clock without reimbursement.
- Wait staff wage claims: Federal and Florida laws allow restaurants and bars a tip credit. This allows them to offer pay at below minimum wage levels to the wait staff with their consent. However, restaurants often fail to satisfy all of the elements necessary before taking this credit for tips, which then leads to costly lawsuits.
- Nonpayment of commissions: This includes claims that an employer failed to provide commission to salespersons, realtors and other commissioned employees.
- Nonpayment of last check: Employers must not fail to pay or delay in paying the employee’s final paycheck on the next pay date after the employee’s separation from the company.
- Failure to pay minimum wage: Federal and Florida law requires that Eemployers compensate employees at the applicable minimum wage for each hour spent working on the job. Currently, the Florida minimum wage is the higher of the two minimum wages.
- Equal Pay Act violations: An employer must not pay one gender higher pay for substantially similar work performed by the other.
- Wage and hour claims for undocumented workers: If an employer hires an undocumented worker, the employer must pay him or her wages according to state and federal law. Such individuals are entitled to many of the same employment lawsuit rights as resident workers, regardless of immigration status.
- Misclassification of employees as Independent contractors: Cases involving unpaid overtime, minimum wage disputes often arise when an employer misclassifies employees as independent contractor. This misclassification of employees can lead to wage claims in court, as well as income tax issues with the state and federal authorities
Contact Our Experienced Miami Wage & Hour Attorneys
We are available to assist individuals and businesses with wage and hour disputes in Miami and throughout Florida. Contact us at 305-373-8809 to talk with an experienced Miami wage and dour dispute attorney. We speak Spanish. Se habla Español.