After working hours past your shift in a bustling restaurant or fully booked hotel, you deserve overtime pay. However, your manager seems to have forgotten to include it in your latest paycheck.
You have the right to request this. If you are afraid of what could happen after asking, understand that federal and Florida law protects you.
Your rights under federal and state law
Your primary protection against retaliation for claiming overtime pay comes from the federal Fair Labor Standards Act (FLSA). This means that the law prohibits your employer from retaliating against you for asserting your right to overtime pay.
While the Florida Private Whistleblower Act (FWA) also provides protections, it is more restrictive. To qualify for protection, the employer must have 10 or more employees. You may also be required to show that the employer committed an actual violation of the law by failing to pay overtime.
Signs of retaliation to look out for
In the service industry, retaliation does not always occur in the form of termination. It can be a sudden change of favorable conditions. For instance, if you are a top-earning employee who now finds yourself assigned to graveyard shifts after asking about overtime pay, that may constitute retaliation.
Addressing discrepancies professionally
Like employees, employers can make mistakes, especially in high-pressure environments. With that in mind, consider inviting your supervisor for a talk to discuss wage discrepancies. By approaching the conversation with facts and documentation, you are also ensuring the business operates fairly.
If you feel that your hours have been cut or your role has changed after a wage discussion, it may be helpful to seek advice from an employment law attorney. They can review the specifics of your situation and offer insights into whether your employer violated labor protections.