Understanding Your Rights to Fair Compensation

Under the Fair Labor Standards Act (FLSA), workers are entitled to receive at least minimum wage for their services and overtime pay for working more than 40 hours a week. While these principles may seem straightforward, wage and hour law can often become complex. Attorney Michael O. Massey's exceptional legal education, including a J.D. earned with High Honors from the University of Florida College of Law (graduating in the top 10% of his class), provides him with the sophisticated knowledge needed to navigate these intricate legal issues.

With a history of handling employment law matters for both employees and employers since establishing Massey & Duffy, PLLC in 2003, Attorney Massey has built a reputation as a trusted advocate in wage and hour disputes. He values each client, providing personal service with care and respect while applying his comprehensive legal background to secure fair compensation.

Experienced Attorney Handling a Variety of Wage and Hour Claims

Attorney Massey's judicial clerkship experience with Chief Judge Maurice M. Paul in the U.S. District Court provides him with valuable insight into how federal courts interpret and apply wage and hour laws. He specializes in a range of wage and hour claims, including:

Overtime Violations

Drawing on his experience as Senior Research Editor for the Florida Journal of International Law, Attorney Massey meticulously analyzes overtime regulations and employer practices to identify violations such as:

  • Failure to pay the required time-and-a-half rate for hours worked beyond 40 per week

  • Improper calculation of the regular rate when determining overtime pay

  • Requiring "off-the-clock" work that goes uncompensated

  • Averaging hours across multiple weeks to avoid overtime obligations

  • Misclassifying employees to exempt them from overtime requirements

Minimum Wage Violations

Attorney Massey's multiple Book Awards, including one in Civil Procedure, have honed his ability to effectively litigate minimum wage violations:

  • Direct violation of federal or Florida minimum wage requirements

  • Improper tip credit application reducing wages below legal minimums

  • Unauthorized deductions bringing pay below minimum wage

  • Failure to compensate for all hours worked, effectively reducing hourly rate

  • Training time or meeting time that goes unpaid

Tipped Employee Claims

With his specialized LL.M. in Taxation and previous experience as an International Tax Senior Consultant at Deloitte & Touche, Attorney Massey brings exceptional analytical skills to complex tip credit and tip pooling cases:

  • Restaurants and bars may pay tipped employees below minimum wage under certain conditions, but employers must follow specific procedures

  • Improper tip pool arrangements that include non-tipped staff

  • Management participation in tip pools in violation of regulations

  • Failure to provide proper notice of tip credit provisions

  • Requiring tipped employees to perform excessive non-tipped duties

Equal Pay Act Violations

Attorney Massey's construction litigation experience at Vezina, Lawrence, & Piscitelli, P.A. and Moye, O'Brien, O'Rourke, Hogan & Pickert, P.A. developed his skill in analyzing compensation structures to identify gender-based pay discrimination:

  • Paying workers of one gender more for substantially similar work

  • Unequal bonus or commission structures based on gender

  • Using different job titles to mask equal work with unequal pay

  • Limiting overtime opportunities based on gender

  • Creating advancement paths that perpetuate pay disparities

Commission and Bonus Disputes

Attorney Massey combines his tax law expertise with employment law knowledge to address complex commission and bonus issues:

  • Failure to pay earned commissions according to agreement terms

  • Unilateral changes to commission structures affecting earned compensation

  • Withholding commissions after termination of employment

  • Ambiguous bonus criteria applied inequitably

  • Discretionary bonuses administered in discriminatory fashion

Employee Classification Issues

To be protected under the FLSA, a worker must be classified as nonexempt. Many workers are misclassified as exempt, leading to incorrect pay. Attorney Massey's comprehensive legal background allows him to thoroughly investigate classification issues:

Common Misclassification Problems

  • Executive Exemption Misapplication - Improperly classifying employees as managers without appropriate authority

  • Administrative Exemption Overuse - Wrongly exempting employees whose primary duties aren't administrative

  • Professional Exemption Abuse - Misclassifying positions that don't require advanced knowledge

  • Independent Contractor Misclassification - Treating employees as contractors to avoid wage and hour obligations

  • Computer Professional Misclassification - Applying exemptions to IT staff who don't meet legal criteria

Exempt vs. Nonexempt Analysis

Attorney Massey conducts detailed assessments of job duties, comparing them against Department of Labor criteria:

  • Primary Duty Evaluation - Determining principal job functions versus incidental responsibilities

  • Salary Basis Testing - Confirming proper salary arrangement for exempt classifications

  • Independent Judgment Analysis - Assessing discretion level in significant business matters

  • Functional Job Assessment - Looking beyond job titles to actual day-to-day responsibilities

  • Industry-Specific Exemption Review - Analyzing special rules for certain industries

The Wage and Hour Claim Process

Attorney Massey implements a strategic methodology for handling wage and hour claims:

Initial Case Assessment

  • Compensation Record Review - Analyzing pay stubs, time records, and company policies

  • Classification Analysis - Determining proper exempt or nonexempt status

  • Damages Calculation - Computing unpaid wages, overtime, and potential liquidated damages

  • Statute of Limitations Assessment - Identifying applicable timeframes for recovery

  • Collective Action Potential - Evaluating whether other employees face similar violations

Strategic Case Development

  • Department of Labor Complaint Preparation - Crafting effective administrative filings

  • Direct Negotiation Approach - Pursuing resolution with employers before litigation

  • Evidence Preservation - Securing time records and compensation documentation

  • Witness Identification - Locating current and former employees with relevant information

  • Settlement Evaluation - Analyzing settlement offers against likely litigation outcomes

Litigation Strategy

  • Collective Action Certification - Representing groups of similarly situated employees

  • Dispositive Motion Practice - Defeating employer attempts to dismiss valid claims

  • Damages Documentation - Presenting comprehensive evidence of unpaid compensation

  • Fee Recovery Pursuit - Seeking attorney's fees and costs as provided by FLSA

  • Appeal Representation - Handling appeals of wage and hour determinations

Fighting for Fair Pay

If you have been misclassified or believe your employer has violated wage and hour laws, Attorney Michael Massey is committed to fighting for fair pay and ensuring that your rights are protected. His distinguished educational background and commitment to employee rights provide the foundation for effective representation in even the most complex wage and hour disputes.

The FLSA provides strong remedies for wage violations, including:

  • Recovery of all unpaid wages and overtime

  • Liquidated (double) damages in many cases

  • Attorney's fees and costs for successful claims

  • Potential for collective actions representing multiple employees

Contact Attorney Michael Massey at (352) 359-7538 or Massey@352law.com for a confidential evaluation of your wage and hour claim. Fair pay isn't just a legal requirement—it's your right.