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

UPDATED: May 4, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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