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Wilson McCoy, P.A.
407-803-5400
  • Home
  • About
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      • Wilson, Gary D.
      • McCoy, Nathan A.
      • Sutherland, Paul L.
      • Xart McMahon, Karina S.
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    • Employee Services
    • Employer Services
    • Mediation
    • Small Business & Startups
    • Union Services
  • En Español
  • Flat-Fee Services
  • Videos
  • Blog
  • Contact
Wilson McCoy P.A. Work Matters
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      • Wilson, Gary D.
      • McCoy, Nathan A.
      • Sutherland, Paul L.
      • Xart McMahon, Karina S.
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Strategic Legal Guidance For Every Aspect Of Your Work Concerns
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  7. Unpaid Overtime

Trusted Orlando Unpaid Overtime Attorney – Over Six Decades Of Legal Experience

Our lawyers have over 60 years of combined legal experience in employment related matters such as unpaid wage and overtime disputes and will champion the rights of our clients in any employment law disputes against a wrongful employer. At the Orlando employment law firm of Wilson McCoy, P.A., our committed Orlando unpaid overtime attorneys will take the time necessary to thoroughly understand your unique set of facts and develop the best path that will help you achieve your goal. Our knowledge and familiarity with the court process will allow us to zealously advocate for your unpaid overtime matter in state and/or federal courts.

Payment In Unpaid Overtime Disputes

As a nonexempt hourly employee, you are entitled to overtime payments for any hours worked over 40 hours weekly, including the time spent waiting to clock in, working at home, or working during your meal breaks. The Fair Labor Standards Act (FLSA) requires your employer to include overtime payments in the week you worked the additional hours. If your employer has violated any of these requirements and you have addressed the issue with them in the past without success, do not hesitate in contacting an experienced Orlando unpaid overtime lawyer to ensure your rights to your hard-earned wages are not waived.

If our employment law legal team is unable to reach a solution with your employer in negotiations, mediation, or arbitration, our knowledge and familiarity with the court process will allow us to wholeheartedly advocate your matter in state and/or federal courts to obtain financial compensation you deserve, including attorney fees.

Wage Disputes

Our firm also handles other types of wage disputes. These include:

  • Misclassification of employees
  • Unpaid hourly wages
  • Back pay

Each of these disputes carries specific legal deadlines and requirements that both workers and employers need to understand.

Frequently Asked Questions About Unpaid Overtime In Orlando

Unpaid overtime disputes can raise a lot of anxiety and questions. The answers below address some of the most common concerns workers in Orlando face.

How far back can you claim unpaid overtime in Florida?

Under federal law (the Fair Labor Standards Act or FLSA), workers can claim unpaid overtime going back two years or three years if the employer committed a willful violation. Florida follows federal overtime rules and does not have a separate state overtime law with different time limits.

Filing sooner rather than later matters because each week that passes without action is a week of potential wages a worker cannot recover. The clock keeps running whether or not a worker files a complaint.

What should you do if your employer threatens you for complaining about unpaid overtime?

Federal law prohibits employers from retaliating against workers who report wage violations. If your employer threatens, demotes or disciplines you for raising an overtime concern, you have legal protections available. Workers in this situation can take several important steps:

  • Document everything: Write down the date, time and nature of any threat or adverse action your employer takes after you raise a concern
  • Save communications: Keep emails, texts and voicemails that show how your employer responded to your complaint
  • File a retaliation complaint: Submit a complaint to the U.S. Department of Labor’s Wage and Hour Division, which handles FLSA retaliation claims
  • Track changes to your work situation: Note any sudden schedule changes, pay cuts or altered job duties that follow your complaint

Retaliation can expose an employer to additional legal consequences beyond the original wage dispute, including reinstatement and financial damages.

What information should you bring to your first consultation?

You should bring as much documentation as possible to your first consultation. Organized records help clarify the details of a situation and allow for a more focused discussion. Consider gathering the following before your meeting:

  • Recent pay stubs
  • Work schedules or time records
  • Texts or emails related to your hours or pay
  • A written summary of your job duties
  • Any employment contracts or agreements
  • Records of prior complaints you made to your employer

Having these materials ready can make a meaningful difference in how your situation moves forward.

Contact Our Orlando Unpaid Overtime Lawyers For Help

At Wilson McCoy, P.A., we have over 60 years of combined legal experience representing clients in a multitude of wage and hour disputes. If you have any concern over your wages, please contact us at 407-803-5400 to speak with our dedicated Orlando employment legal team who can protect your rights immediately.

Practice Areas

  • Employee Services
    • Same Day Severance Review
    • Contract Disputes
      • Employment Contracts
      • Severance Agreements
      • Non-compete Agreements
    • Discrimination
      • Age Discrimination
      • Disability Discrimination
      • Family Medical Leave Act
      • Gender Discrimination
      • National Origin Discrimination
      • Pregnancy Discrimination
      • Race Discrimination
      • Religious Discrimination
      • Sex Discrimination
      • Sexual Harassment
      • USERRA Military Leave
    • Wage And Hour
      • Meals & Rest Breaks
      • Mediation & Arbitration
      • Misclassification Of Employees
      • Unpaid Overtime
      • Unpaid Wages
    • Whistleblowing / Retaliation
      • False Claims Act
  • Employer Services
    • Business Organizations & Startups
    • Commercial Disputes
    • Counseling, Advice, Training
    • Employment Litigation
  • Mediation
    • Mediation Frequently Asked Questions
    • The Benefits Of Mediation
  • Small Business & Startups
    • Aveda Information
    • COVID-19 Concerns
    • Orlando Business Attorneys
  • Union Services
    • Private Sector Labor Relations
    • Public Sector Labor Relations

Office Location

932 N. Maitland Ave.
Maitland, FL 32751

Phone: 407-803-5400

Maitland Office
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How Can We Help?

Do you have a workplace matter on your hands? Get a team that understands the nuances of Florida employment law from both sides of the courtroom. Schedule your consultation today.

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