I have been told now 3 times by my employer that I can "kiss those hours goodbye ". Referring to 20 hours of overtime, 32hours of PTO that was supposed to be paid out, along with reimbursements for travel. What to do? Where to go?
Hi there - sorry to hear this. I recommend you have a consultation with an employment attorney in order to dig deeper into some facts which will help determine whether or not you are owed overtime and PTO. These are fact intensive situations and it sounds like you should be at least having this conversation with someone that handles wage and hour law. Then, if you have claims, they can certainly guide you on how to recover your damages. Best of luck to you.
If I answered your question, or "agreed" with another attorney, it is only to give you some direction on your research. It does not create an attorney-client relationship between us. There is no agreement between us whatsoever. If you receive or use any information from me, it is purely for your help in research, and does not create a legal relationship between us. I am only licensed in the state of Florida, so anything I answer can be completely different if you are in another state. I do not practice law in any state but Florida. If you need legal advice, formally meet with and discuss your issues with an attorney in your area. Thank you and best wishes!
Certainly if you worked the hours, you should be compensated. As stated above, consult an employment attorney to see if there is enough owed for him/her to get involved. If you are not the only one in this situation, go together.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
It's likely that you should be paid for your overtime. As for the PTO, Florida does not require employers to pay PTO when someone leaves the company. However, you should review your employmwnt handbook to see the company's PTO policy.
I would recommend a free consultation with an employment attorney. Most offer free consultations.
Federal Wage and Hour laws generally require an employer to pay the attorneys' fees and costs of an employee who successfully sues for wages. As such, many if not most attorneys will take this case on a contingency basis, especially if federal law applies. You should certainly seek legal counsel if a failure to pay wages is involved.
I hate to give the lawyer answer that it depends, but it does. You employer will owe you overtime unless you are an exempt employee or the company is exempt from Fair Labor Standards Act requirements. There are numerous exemptions from overtime depending on your current salary, whether you are paid annual salary or hourly, and your job duties (ie. professional, outside sales, administrative position). If you are not exempt, you are entitled to overtime. You must keep track of your hours. Keep timely notes, and if your company fails to have a time keeping system in place, email your hours at the end of the day to your supervisor so there is a record. Feel free to call me for a free consultation.
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