Miami Wage and Hour Lawyer
Serving Miami and the surrounding counties.
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“Richard is deeply invested in his community and is a professional of purpose and integrity. As our legal counsel, his strategic approach, proactive communication, and commitment to our organization’s needs and goals have helped us navigate challenges as well as build important partnerships.”
Dejha C.
“I have used Richard’s services multiple times over the past 4 years and he continues to exceed expectations. His attention to detail and excellent communication deliver the quality and peace of mind I look for when hiring legal counsel. If you’re looking for someone that is honest and will deliver on his word, Richard if the person you’re looking for.”
DJ O.
“I go to Richard Guzman because of trust. He was recommended by my dear sister that had the pleasure of working with Mr. Guzman. By having a direct recommendation, I did not doubt that he could ease my worries and that I would be backed by a knowledgeable, trustworthy professional.”
Piero S.
Wage and Hour Attorney
Have You Been Paid What You’re Owed?
In Florida, both federal and state laws are in place to protect employees and ensure they are paid fairly for the hours they work. When an employer fails to follow these laws, it can lead to serious financial hardship for employees and their families. Wage and hour cases are legal disputes that arise when there’s a disagreement over pay, including minimum wage, overtime pay, and other forms of compensation. These cases can be complex and require the expertise of a knowledgeable wages attorney.
Our Miami employment law firm is dedicated to helping employees recover the unpaid wages they are rightfully owed. We understand the stress and frustration that comes with wage theft, and we are here to fight for your rights.
What are Wage and Hour Cases?
Wage and hour cases cover a broad range of disputes related to employee compensation. These cases often involve:
Unpaid Minimum Wage: When an employee is paid less than the legally mandated minimum wage for all hours worked.
Unpaid Overtime: When an employee works more than 40 hours in a workweek but is not paid 1.5 times their regular rate of pay for those extra hours. This is a common issue, and our overtime lawyers can help you determine if you are entitled to unpaid wages.
Misclassification: When an employer wrongly classifies an employee as an “exempt” employee to avoid paying overtime, or as an “independent contractor” to avoid providing benefits and paying taxes.
Off-the-Clock Work: When an employee is required to work before or after their official shift, during meal breaks, or at home, without being paid for that time.
Unlawful Deductions: When an employer makes improper deductions from an employee’s paycheck, such as for business expenses or uniform costs, that bring their pay below the minimum wage.
Unpaid Final Paycheck: When an employer fails to provide a final paycheck after an employee is terminated or resigns.
If you believe you have a claim for unpaid wages, our experienced unpaid salary attorneys can help you understand your rights and take legal action.
Contact a Miami Unpaid Salary Attorney Today
If you have a wage and hour dispute, don’t wait to seek legal help. The law sets time limits on how long you have to file a claim, so it’s important to act quickly. Our team is here to provide a free, confidential consultation to discuss your situation and determine the best course of action.
Call us today or email us to schedule your free consultation.
Wage and Hour Lawyer FAQs
Learn more about these commonly asked questions
What is the minimum wage in Florida?
As of September 30, 2024, the Florida minimum wage is $13.00 per hour. On September 30, 2025, it is scheduled to increase to $14.00 per hour. This is part of a series of increases that will bring the state minimum wage to $15.00 per hour by 2026.
What is the difference between an exempt and a non-exempt employee?
This is an important distinction in wage and hour law. Non-exempt employees are entitled to overtime pay under the Fair Labor Standards Act (FLSA) when they work more than 40 hours in a week. Exempt employees, on the other hand, are not. The determination of whether an employee is exempt is based on their job duties and salary, not just their job title. Many employers incorrectly classify employees as exempt to avoid paying overtime, which is a violation of the law.
Can my employer deduct money from my paycheck?
Your employer can only make deductions from your paycheck under specific circumstances. These deductions are generally limited to those required by law (like taxes and social security) or those you have authorized in writing (like health insurance premiums or retirement contributions). Unlawful deductions can include things like cash shortages, damage to company property, or uniform costs if it brings your pay below the minimum wage.
How far back can I recover unpaid wages?
Generally, you can recover unpaid wages for a period of two to three years, depending on the specific circumstances of your case and whether the violation was willful. It’s crucial to consult with an attorney as soon as possible to ensure you don’t miss any deadlines to file your claim.
What is misclassification as an independent contractor?
Some employers misclassify their employees as “independent contractors” to avoid paying overtime, providing benefits, and paying payroll taxes. The law looks at the reality of the working relationship, not just what the employer calls it. If your employer controls how and when you work, provides the tools and equipment, and you work exclusively for them, you may be an employee and not an independent contractor.
What is off-the-clock work?
Off-the-clock work is any time an employee spends working for the benefit of their employer but is not paid for. This can include working through a lunch break, checking emails at home after hours, or preparing for a shift before clocking in. If you are not paid for all the hours you work, including time spent on these tasks, you may have a wage and hour claim.
How long does a wage and hour case take?
The duration of a wage and hour case can vary significantly depending on the facts of the case, the employer’s response, and whether a lawsuit is filed. Some cases can be resolved through negotiation, while others may go to litigation and take longer. We will work to resolve your case as efficiently as possible while fighting for the best possible outcome.
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Why Choose The Guzman Firm for My Case?
Richard Guzman’s extensive legal experience and commitment to South Florida make him uniquely qualified to handle wage and hour dispute cases. His personalized approach ensures that your rights are protected every step of the way.
If you’re facing a wage and hour dispute in Miami, contact The Guzman Firm today for compassionate and skilled legal representation. Let us help you reclaim your peace of mind and fight for justice under Florida’s robust employment laws.
Client Reviews
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