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If your employer has failed to pay you the wages you are owed, you are entitled to take legal action and should consult a wage and hour attorney in Pensacola to protect your interests.Law Office of J.J. Talbott, we are dedicated to standing up for employees’ rights.
Not necessarily. What matters is whether the job duties which you actually perform meet the criteria for exemption from overtime. There are different tests that apply to the exemptions for executive, administrative and professional employees, outside salespeople, and workers in certain computer positions. Don’t rely on your job description or your boss’ assurances. If in doubt about your exempt status, contact our office for a free case review.
There is no requirement under the FLSA for the employer to pay you your final paycheck within a specific number of days. However, the FLSA does require the employer to pay an employee their last paycheck at the normal payday interval when other employees should be paid for that time.
Additionally, we are routinely contacted by employees whose employers take monies from their last paycheck for various reasons. Assuming the employee did not sign an agreement allowing the employer to take money from the employee’s last paycheck, then the employer cannot take money from the paycheck if doing so would reduce the employees below the minimum wage.
If an employer improperly reduces the employee’s paycheck below the minimum wage, then the employee may be entitled to the amount of the unpaid wages, liquidated damages, and attorneys fees and costs.
The Fair Labor Standards Act includes an anti-retaliation provision that forbids employers from taking adverse action against employees who attempt to enforce their rights under the FLSA (formally or informally). This means that if an employee files a lawsuit, inquires about, or complains about not receiving unpaid wages, and the employer takes adverse action against the employee, then the employee may be entitled to lost wages and mental anguish damages.
Yes. The law does allow the employer to make this deduction. So, for example, if the credit card company charges 3% of the total amount of the transaction, your boss can withhold 3% of the tip and only give you 97% of the tip amount.
The Fair Labor Standards Act (FLSA) establishes a federal minimum wage requirement for all employees in the United States. Currently, the Federal Minimum Wage is $7.25 and applies to all employees employed by:
However, please note that the State of Florida has its own minimum wage law, which is higher than the Federal Minimum Wage. Currently, the Florida Minimum wage is $8.25 per hour and increases yearly.
The Fair Labor Standards Act (FLSA) establishes a federal minimum wage requirement for all employees in the United States. Currently, the Federal Minimum Wage is $7.25 and applies to all employees employed by:
However, please note that the State of Florida has its own minimum wage law, which is higher than the Federal Minimum Wage. Currently, the Florida Minimum wage is $8.25 per hour and increases yearly.
All employees are entitled to be paid overtime unless they fall within a specific overtime “exemption. Generally, there are three main exemptions – executive, professional, and administrative. If your position qualifies under one of these exemptions, then you are not entitled to overtime pay under the FLSA. However, it is not the job title that dictates whether the position is exempt from overtime and it does not matter if you agreed to work as a salaried employee. Instead, an evaluation of the job duties is necessary to determine if you are an exempt employee. This means that even if you agree to be a salaried employee, or if your job title sounds like it would be exempt, you may still be entitled to overtime as long as your job duties do not satisfy the exemption. Some other common exemptions are
The FLSA requires that all “non-exempt” employees should be paid overtime for all hours worked in excess of 40 hours per work week.
If you are entitled to overtime, the FLSA requires employers to pay overtime at a rate of no less than one and one-half times the employee’s regular hourly rate. There are some exceptions for occupations such as law enforcement, firefighters, and health care workers.
Please note that the FLSA also allows exceptions for employees that are classified as exempt under the “Administrative Exemption”, “professional exemption”, and the “Executive exemption”/”management exemption.” To learn more, click here.
Generally, an employer can require employees to work more than 40 hours in a workweek, and can even discipline or fire employees for refusing to work over 40 hours. The FLSA does not establish the number of hours that an employer can require employees to work in a given week or day. Instead, the FLSA only requires the employer to provide overtime pay for hours worked beyond 40 hours in a workweek.
Please note that under Florida law, there is a separate statute that entitles an employee to overtime if the employee is paid on a daily rate and the employee works over 10 hours in a work day (and is not otherwise exempt from overtime). In other words, if the employee, is paid a specific amount per day, and the employee works more than ten (10) hours in a workday, then the employee is entitled to overtime for all hours that they work over ten (10) hours in a work day.
The FLSA provides for a two-year statute of limitations for employees to seek payment for unpaid minimum wages and overtime pay (extended three years if the employer willfully violated the FLSA). This means that once the lawsuit is filed, the employee can “look back” for two (2) years (and up the three (3) years for willful actions).
The statute of limitations prevents the employee from recovering unpaid wages for the period greater than (2) years before the date that the Complaint was filed (and up the three (3) years for willful actions). As such, if your employer did not pay you at least the minimum wage for every hour that you worked or did not pay you overtime, you need to speak with a wage and hour attorney immediately to protect your rights.
The decision of whether you are entitled to overtime is not solely based on whether you are paid a salary, but it depends on whether you meet the requirements of the specific overtime exemption (administrative, executive, professional, etc.).
Assuming that your job activities meet these exempts, then you still must be paid a salary of at least $23,600 annually or $455 per week. If your employer does not pay you at least $23,600 annually or $455 per week, then that may void their ability to claim that you are exempt from overtime, which would entitle the employee to overtime.
Not necessarily. This is a common misconception held by employees and their employers. It is true that in order to fall under one of the white-collar exemptions as an executive, administrative or professional employee, you must be paid on a salary basis of at least $455 per week. However, there are other requirements in addition to the salary basis test. For each category of exemption, the employee must meet certain criteria to be exempt. See our page on Overtime Exemptions for more information.
If an employee has a valid workers’ compensation claim, they are entitled to be paid mileage to and from all medical appointments. However, the employee must keep a list of the dates that they went to the doctor and the number of miles which they traveled.
This information should be submitted to the insurance carrier or your attorney who will submit it to the carrier on a regular basis. While medical mileage may not add up to a lot of money, it does help compensate the employee for having to drive to the doctor. Additionally, it keeps your workers’ compensation claim open. Please note that if you do not have a vehicle or you’re not able to drive, then the insurance company is required to provide you transportation, you just have to request it.
The Fair Labor Standards Act does not require an employer to pay an employee “double time” or “time and a half” for working on holidays. Additionally, an employee is not entitled to additional pay under the FLSA for weekend or night work. However, an employer can separately contract with their employees to offer this additional pay.
In Florida, the minimum wage for 2025 is:
The minimum wage is scheduled to increase annually until it reaches $15.00 on September 30, 2026.
Get a free, confidential review. Call (850) 437-9600 or send a message to have an attorney evaluate your Pensacola overtime violation today.
Tipped workers are paid less because of the “tip credit” in U.S. labor law, which allows employers to pay them a subminimum wage. The employer’s responsibility is to ensure that the direct wage, plus the tips received by the employee, equals at least the federal or state minimum wage. The lower base wage gives employers a financial incentive to hire more tipped workers, as they can claim a credit for the tips to offset the regular minimum wage requirement.
Florida does not have its own set of overtime laws. Instead, federal overtime laws under the FLSA apply to all employees in Florida, including those in Pensacola.
Under the FLSA, employers must pay nonexempt employees overtime wages at a rate of one and one-half times their regular rate of pay for any hours worked over 40 in a single workweek. Employers are permitted to define their own workweek, which may begin on any day, but it must be a period of seven consecutive days.
Federal law does not require overtime pay for hours worked on weekends or holidays unless those hours result in an employee working more than 40 hours in a workweek. It is also unlawful for employers to average the hours worked over two or more weeks to avoid paying overtime, even in circumstances where employees are paid on a biweekly basis.
Once a claim has been filed, our wage and hour lawyers in Pensacola handle all correspondence and negotiations with the employer or their legal counsel, allowing you to focus on your life while we advocate for your interests. The process may include mediation or formal legal filings, depending on the employer’s response. With over 25 years of local experience, we are highly effective at pursuing both settlements and litigation when needed. You will be kept informed through open communication, as we protect your rights as a worker in Escambia or Santa Rosa County, ensuring you receive the legal representation you deserve.
It is important to know that overtime laws only apply to nonexempt employees.
An employee is considered “exempt” from overtime in Florida if they:
For example, most salaried employees are considered exempt if they earn $684 per week or more, or $35,568 per year or more. For those in the motion picture industry, a weekly rate of $1,043 or more qualifies, while “highly compensated employees” do not qualify for overtime if they earn $107,432 or more each year.
Some of the most common hourly and wage violations include:
Any conduct that violates federal or state wage and hour laws is a violation of your rights—and may entitle you to pursue legal remedies. A wage and hour attorney in Pensacola can advise you on your next steps and ensure you understand your options under both Florida and federal law.
The process starts with gathering and maintaining thorough records—documenting your hours worked, pay rates, signed agreements, and communications with your employer regarding pay issues. These documents often become crucial evidence in wage claims heard in Pensacola and throughout Florida. At Law Office of J.J. Talbott, our wage attorneys in Pensacola provide ongoing guidance on which records are most important and how to preserve them. In many cases, you may also be eligible to recover liquidated damages, which can double your award, in addition to attorney’s fees and costs. We strongly advise employees in Escambia County and the surrounding region to take proactive steps if they encounter payroll discrepancies or believe their wage rights are being violated.
Give us a call at (850) 437-9600 or reach us online using our secure contact form to get started.
Our clients include independent contractors, restaurant workers, tipped employees, professionals, executives, and many other employees whose rights under state and federal laws have been violated. No matter your position or industry, our unpaid overtime attorneys in Pensacola have the experience to pursue justice on your behalf.
Pensacola employees and employers navigate both Florida statutes and local court procedures when it comes to wage and hour claims. For instance, wage disputes are often addressed through filings at the Escambia County Courthouse or the U.S. District Court for the Northern District of Florida, each of which regularly sees overtime and unpaid wages cases—including those from workers at Pensacola’s military bases, local hospitals, major downtown employers, and area restaurants. Local agencies such as the Florida Department of Economic Opportunity help enforce wage law compliance and can direct employees to additional resources when pay violations or unpaid overtime claims arise.
Pensacola features a large number of military, seasonal hospitality workers, and federal contractors who frequently need legal support regarding unique wage issues tied to federal rules or seasonal work. At Law Office of J.J. Talbott, we draw upon our local success and knowledge of Pensacola courtroom procedures to challenge unfair wage practices and win positive results for our clients. By working with a wage and hour attorney in Pensacola who understands these nuances, you’ll gain an advocate who leverages insight into employer practices and court proceedings unique to Escambia and Santa Rosa counties. The right legal strategy often depends on knowing the local landscape, so our approach is always tailored to the realities facing workers in the Pensacola area.
If your employer is found liable for unpaid overtime or wage violations, you may be eligible for back pay and overtime compensation. Courts also frequently award liquidated damages in an amount equal to your lost wages, effectively doubling the recovery in many cases. Plaintiffs may also recover certain attorneys’ fees and costs. Because Pensacola’s local courts, such as the U.S. District Court for the Northern District of Florida, routinely handle these cases, it is important to work with an unpaid overtime attorney in Pensacola to ensure you pursue all damages available to you under the law.
Both federal and Florida laws strictly prohibit employers from retaliating against employees who seek to enforce their wage and hour rights. Retaliation can include termination, reduced hours, demotion, or withheld promotions. If you believe you are being retaliated against for reporting unpaid wages or filing an overtime claim, consult an unpaid overtime lawyer in Pensacola immediately. At Law Office of J.J. Talbott, we work with clients to document all adverse employment actions, guide them through preservation of evidence, and advocate for their interests in Escambia County courts and beyond. Pensacola-area courts take retaliation claims seriously and protect employees who assert their legal rights in good faith.
Get in touch with our experienced legal team today. Whether you’re facing a legal issue or simply need professional advice, we’re here to listen, guide, and fight for your rights.
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