Wage and Hour Disputes / Overtime Violations

State and Federal laws mandate that covered employees must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit on the number of hours employees aged 16 and older may work in any workweek. The law does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, as such.

The law applies on a workweek basis. An employee’s workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned.

The regular rate of pay cannot be less than the minimum wage. The regular rate includes all remuneration for employment except certain payments excluded by the law itself. Payments which are not part of the regular rate include pay for expenses incurred on the employer’s behalf, premium payments for overtime work or the true premiums paid for work on Saturdays, Sundays, and holidays, discretionary bonuses, gifts and payments in the nature of gifts on special occasions, and payments for occasional periods when no work is performed due to vacation, holidays, or illness.

Earnings may be determined on a piece-rate, salary, commission, or some other basis, but in all such cases the overtime pay due must be computed on the basis of the average hourly rate derived from such earnings. This is calculated by dividing the total pay for employment (except for the statutory exclusions noted above) in any workweek by the total number of hours actually worked.

Where an employee in a single work week works at two or more different types of work for which different straight-time rates have been established, the regular rate for that week is the weighted average of such rates. That is, the earnings from all such rates are added together and this total is then divided by the total number of hours worked at all jobs. In addition, section 7(g)(2) of the FLSA allows, under specified conditions, the computation of overtime pay based on one and one-half times the hourly rate in effect when the overtime work is performed.

Determining whether an overtime or wage and hour violation has occurred can be complicated, so please call us so that we may help.

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"Frank and Coral did an amazing job on my case! They were both on top of everything throughout the whole process. I would recommend them to anybody and if needed be I would go back to them again."

Sofia of Naples Florida

"Frank Piazza's formula of personal service, knowledge of the complex subject matter, and attention to detail assured the best possible outcome for my case. Words cannot convey my feelings of gratitude to Frank and his staff for the outstanding service I received as their client. They are excellent examples of what is right in our legal system today."

Jim M. of Naples, Florida

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Lonnie R. of Naples, Florida

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Carolynn S. of Naples, Florida

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Ronald P. of Naples, Florida

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Mary C. of Naples, Florida

"Attorney Piazza spent more than an hour explaining everything about this case to me, from all perspectives. He presented as one of the most professional, knowledgeable attorneys I have had the good fortune to meet."

Bill B. of Naples, Florida

"Your office has taken care of my workers compensation case and I compliment your entire staff. I want to thank you and your staff for your professionalism as you all were exceptional and the primary factors in my case being completed to my satisfaction."

L.A.S. of Naples, Florida

"My experience with Mr. Piazza was great. I am very happy with the outcome of my case and settlement. I am very grateful for Mr. Piazza and his staff for the terrific service I received and I will definitely recommend Mr. Piazza at 100%."

Daniel G. of Naples, Florida

"Mr. Piazza handled my husband’s Workers Compensation case like he was a friend. He was very professional. I trust him and will definitely recommend him."

Rachelle G. of Naples, Florida

"Throughout the entire ordeal, Frank and his exceptional staff supported, encouraged, and gave me hope that one day my life might return to "normal"."

Joyce S. of Naples, Florida

"Just keep up the great work. I would and will recommend anybody that needs a workers’ compensation lawyer. Thank you for all the help, Mr. Frank."

Gloria W. of Naples, Florida

"They were patient, compassionate, understanding, and professional in each and every contact I had with them, whether by phone, fax, or in person. I will be eternally appreciative of Frank and his competent associates."

Joyce S. of Naples, Florida

"I learned a great deal from him, and I thoroughly appreciated his generosity with his time. I would recommend attorney Piazza without reservation."

Bill B. of Naples, Florida

"After I previously worked with 2 other failed Attorneys, I was lucky enough to find Mr. Frank Piazza who handled my workers compensation case wonderfully. I was amazed by his knowledge, confidence, and attention to the details of the case. His office staff was phenomenal."

Daniel G. of Naples, Florida

"Thank you for all your support and your help. It was always a pleasure talking to the secretaries on the phone. God bless you, always. Thank you, again."

Agdha R. of Naples, Florida

"Coral always returned my calls and was extremely pleasant to talk to. They make their clients feel sure that they have the client’s best interests at heart. That is what Mr. Piazza and his staff did for me."

Aleida C. of Naples, Florida

"I am very happy with everything. I’m so glad Frank and his wonderful staff took over my case. From that point on my questions and concerns were taken care of promptly."

William C. of Naples, Florida

"Frank did an excellent job with my workers comp case. His staff is awesome as well. Highly recommend him to anyone looking for a great Lawyer with a work comp case. Very positive outcome and very happy with results."

Rick W. of Naples, Florida

"Very good Work!"

Anthony H. of Naples, Florida

"Very professional and helpful. Thanks again for your help."

Gail K. of Naples, Florida

"I would recommend Mr. Piazza and his Naples staff. They made all the difference in this case for me. He took the time to explain, answer, and address all of my questions and concerns."

Aleida C. of Naples, Florida

"Mr. Piazza, I appreciate you personally take care of my requests in a timely manner. If not within your control, you or one of your associates would reach out to me promptly, giving me a complete and satisfactory explanation of the situation."

L.A.S. of Naples, Florida

Actual Case Results

Frank R. vs Rock and Creek RV Resort/Claims Center
Outcome: We won. Workers' compensation was ordered to authorize a trial spinal cord stimulator for our client.
Brent M. vs. Jackson Total Service/AARLA
Outcome: We won. Workers’ compensation was ordered to authorize neurological treatment for our client’s neck and left arm injuries.
Inese T. vs. Bud’s Diner/The Travelers Companies
Outcome: We won. The judge ordered that workers’ compensation authorize a cardiac catheterization procedure for our client.
Daniel G. vs. Decks Unlimited/Sterling Cooke
Outcome: We won. The judge of Compensation Claims ordered workers’ compensation to authorize a facet rhizotomy procedure.
Inese T. vs. Bud’s Diner/The Travelers Companies
Outcome: We won. The judge ordered that workers compensation authorize a cardiac bypass surgery for our client.
Robert M. vs. Newspress/Travelers Insurance Company
Outcome: We won. Workers’ compensation checks were awarded to our client.
Joseph B. vs. LMF Construction/Guarantee Insurance Co. and Mud Slingers, Inc./Bridgefield Employers Insurance and BCBE Inc./USIS
Outcome: We won. Compensability of the workers’ compensation claim was awarded, as were various medical and compensation benefits.
Karen W. vs. Sunsplash Market & Cafe/Kemper National Services
Outcome: We won. The judge ruled that workers' compensation must authorize a psychiatrist for our client.
Kelly C. vs. Boran Craig Barber Engle Construction/United Seif insured Services.
Outcome: We won. Workers’ compensation checks in excess of $40,000.00 were awarded to the claimant.
Beverly L. vs. Staff Leasing/Liberty Mutual Insurance Co.
Outcome: We won. Compensability of the workers’ compensation claim was awarded, as were various medical benefits and compensation checks.
Miguel C. vs. Bralew Inc./Diversified Inc/Employers Advocate Ins.
Outcome: We won. Having previously secured a psychiatrist for our client, the judge awarded an workers’ compensation attorney fee at the expense of the insurance company.

Serving All Of Southwest Florida

Whether you're looking for a Ft. Myers work comp lawyer or a Naples work comp lawyer, we've got you covered. We have offices in both Lee and Collier counties to best serve all of Southwest Florida’s injured workers. Wherever you are, I can help you.