Owed OT wages?

Question

Ok my husband worked for Co. that we had wondered whether it was concidered agricultral or not? He was never paid time and a 1/2 just straight time. He drove a tractor mowing and spraying chemicals on pine trees. Worked 8/2004-8/2007 he is no longer there but our son in law is and he just started getting time and a 1/2 on his OT. He said they found out they have to pay it now. Does this mean we may be able to collect our back OT pay? We have questioned them on this many times because some employees did and some didn't???? Doing same job. Figured it was worth checking into since it would have been 5.00$ hr for a avg of about 117 weeks.

TY Yes what I read is it came in effect in 8/2004 . I just started really finding out and thought this was a great place to go for advice. Maybe someone else out there is going through this too.

We are in Florida

Answer 1

Check with your State Labor Board. It may be a new law. There also may be a limitation, on the time that you have to make a claim.

Answer 2

It is definitely possible that you could receive it, but it depends on many factors.

In order to avoid potentially losing out on this pay, I would contact a labor attorney immediately. It may depend on the statute that went into effect, and it may depend on whether that area counts SOL (statute of limitations) from date of the first paycheck following the law change, or date of the last paycheck received from the company.

I read something several months ago about the SOL date being from when it "should have been noticed" and it may depend on how well people were notified in your area.

Anyway, if you wait to contact an attorney, you may lose out, so call immediately on Monday morning.

Answer 3

You can file a claim for unpaid wages with your local Wage and Labor office. Bring them pay stubs and any documentation that you have to show you worked so many hours and were only paid straight time. (You must have documentation of the hours worked and what you were paid for the claim to be investigated.)