How can I legally file a claim against an employer who is violating the minimum wage and overtime laws?

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How can I legally file a claim against an employer who is violating the minimum wage and overtime laws?

About 3 months ago I started working as a part-time maintenance manager/asst. manager for a small motel; payment was rent in lieu of salary. Original verbal agreement with the manager was for 20-25 hrs weekly for a $160.00 week room. That part-time lasted approximately 2 weeks, since that time I have put in 40 or more hours per week, with no pay. The only proof I have, is the guests who are long term residents here. Last week I clocked 53 hours. I have been told by the current manager that the owner will throw me out if I don’t work as many hours as they ask.

Asked on May 4, 2011 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Try contacting  the state department of labor for a start. You could also try the federal department of labor. As you seem aware, (1) employees must be paid *at least* overtime for all hours worked; and (2) unless the employee is exempt from overtime (e.g. an exempt professional, executive/manager, or administrative employee), he or she must be paid overtime (time and a half) for all hours worked past 40 in a week. The labor department (state or federal), among other things, enforces the wage and hours, including minimum wage and overtime, laws. You could also consult with an employment law attorney to see if it might be economically worthwhile to bring your own lawsuit for all  the back wages and overtime. Good luck.


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