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FLSA/Overtime Claims

The Fair Labor Standards Act is a federal law that requires employers to provide pay for all time worked by an employee. Unfortunately, many people aren't aware of the law and are not getting the pay they are entitled to.

Experience, Commitment, Quality - Hollywood Wage Claim Lawyers

The law firm of Shawn L. Birken, P.A. believes that all employees deserve fair compensation for their work and the law requires it. Most employers follow the law. Yet there are many ways that unscrupulous employers attempt to avoid high labor costs by skirting the law.

Many employers have a "no overtime" policy. The law requires that overtime must be paid for hours worked in excess of 40 hours a week. But many people who are entitled to overtime are not receiving it. Common tactics for withholding overtime include averaging hours.

For example, if you worked 50 hours in the first week of a two-week pay period, and your employer cuts your hours the next week to 30, your averaged hours are 40 per week, and your employer may deny you overtime. But averaging hours this way to avoid paying overtime is illegal - your employer must pay you time and a half for the extra 10 hours you worked in the first week.

Other tactics include:

  • Requiring you to work during an unpaid lunch break
  • Requiring you to "work off the clock"
  • Asking you to take work home, but not compensating you for the hours worked
  • Requiring you to attend training but not paying you for those hours

These are just a few ways that an employer may keep you from receiving fair compensation for the work you do. Many people do not challenge their employer for fear of losing their job, but federal law protects individuals who report violations of this law. You cannot be legally fired or retaliated against for requiring your employer to pay you the wages you have earned.

The Law Offices of Shawn L. Birken, P.A. offers warm, caring and compassionate representation. We protect our clients and fight for their best interests.

Shawn L. Birken: Your First Choice

Located in Fort Lauderdale, Florida, Shawn L. Birken, P.A. is your first choice for employment-related legal concerns. From disability claims to violations of federal law under the Family and Medical Leave Act (FMLA), our lawyers advise and counsel both employees and employers in all areas of labor and employment law.

For a consultation, please contact us at 800-511-9193 for an initial consultation. We look forward to speaking with you soon.

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Law Offices of Shawn L. Birken, P.A.
100 SE 3rd Ave, Suite 1300
Fort Lauderdale, FL 33394
Phone: 954-990-4320
Toll Free: 800-511-9193
Fax: 954-990-4469
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