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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Ronald P. of Naples, Florida

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Jim M. 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

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Agdha R. 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

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L.A.S. 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

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Gail K. of Naples, Florida

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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

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Carolynn S. 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

"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

"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

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.
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.
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.
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.
Robert M. vs. Newspress/Travelers Insurance Company
Outcome: We won. Workers’ compensation checks were awarded to our client.
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.
Daniel G. vs. Decks Unlimited/Sterling Cooke
Outcome: We won. The judge of Compensation Claims ordered workers’ compensation to authorize a facet rhizotomy procedure.
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.
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.
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.
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.