Miami Employment Attorney Jason D. Berkowitz Explains Overtime Rights for Family Office Employees

MIAMI, FL - Family office employees across South Florida may be entitled to overtime pay under federal law, even when they work in private household settings or under informal pay arrangements. Miami employment attorney Jason D. Berkowitz of BT Law Group, PLLC (https://btattorneys.com/family-offices-unpaid-overtime/) is providing guidance on how the federal Fair Labor Standards Act (FLSA), applicable exemptions, and Florida wage rules affect workers employed by private family wealth management entities. Whether a person works as an estate manager, personal assistant, household staffer, or accountant, their right to overtime depends on FLSA coverage, actual job duties, and whether any exemption applies.

According to Miami employment attorney Jason D. Berkowitz, a family office is a private entity created to manage the financial, legal, and personal affairs of a wealthy family or group of families, and these organizations commonly operate as LLCs, trusts, or closely held corporations. They employ a broad range of workers, including estate managers, executive assistants, housekeepers, cooks, nannies, drivers, accountants, and investment advisors. "The private structure of a family office can make wage rules harder for employees to understand, especially when personal, household, and business tasks overlap," Berkowitz explains.

Miami employment attorney Jason D. Berkowitz notes that the FLSA reaches family office workers through two pathways: enterprise coverage and individual coverage. Enterprise coverage may apply when an employer has at least two employees and an annual dollar volume of business of at least $500,000, focusing on the office's business activity rather than the value of the family's assets. Individual coverage may apply even when enterprise coverage is not met if an employee's own work regularly involves interstate commerce, such as handling interstate transactions or performing administrative work tied to out-of-state business activity.

Under 29 U.S.C. Section 207(a), covered nonexempt employees must receive overtime pay at not less than one and one-half times their regular rate for all hours worked over 40 in a workweek. Berkowitz points out that overtime is triggered only when total hours exceed 40 in a defined workweek, not simply for working weekends, holidays, or outside normal business hours. Family office employees who are expected to be available around the clock, travel with the family, or respond to requests during evenings and weekends may accumulate overtime hours without realizing it.

The firm emphasizes that a salary does not automatically remove overtime rights. The FLSA provides exemptions for certain "white-collar" workers who meet both a salary test and a duties test, with the current enforceable federal salary threshold set at $684 per week, or $35,568 annually, for the executive, administrative, and professional exemptions. "Family offices may misclassify assistants, household managers, and other staff as exempt when their actual work does not meet the duties test," notes Berkowitz. He adds that classification requires a role-specific review of pay, authority, and actual duties rather than reliance on a job title alone.

Attorney Anisley Tarragona of BT Law Group observes that common wage violations in Miami family office settings include misclassifying employees as exempt, failing to pay for on-call time, ignoring off-the-clock work, paying a flat salary regardless of hours worked, making improper deductions, and misclassifying workers as independent contractors. "A worker should not assume that an informal pay arrangement is lawful simply because it has been used for a long time or accepted within a private household setting," Tarragona advises.

Berkowitz explains that Florida does not have a general state overtime law that mirrors the FLSA, so most covered nonexempt workers rely on federal law for time-and-a-half pay. However, Florida's minimum wage protections still apply. Under the Florida Minimum Wage Act, codified at Florida Statutes Section 448.110, the state minimum wage rose to $14.00 per hour effective September 30, 2025, and is scheduled to increase to $15.00 per hour on September 30, 2026. Family office employees paid below Florida's minimum wage may have state wage claims in addition to any federal overtime claim.

A family office employee who prevails in a private FLSA wage claim may recover back wages, liquidated damages equal to the unpaid wages, and reasonable attorney's fees and costs. The statute of limitations for an FLSA claim is generally two years from each violation, extending to three years for willful violations under 29 U.S.C. Section 255(a). The firm also notes that the FLSA's anti-retaliation provision under 29 U.S.C. Section 215(a)(3) protects workers who assert their wage rights, which is significant because small, personal family office workplaces can create unique retaliation risks.

Attorney Berkowitz highlights that timing matters when pursuing a claim, as each unpaid workweek may carry its own deadline, and waiting can reduce the wages that remain recoverable. Workers may file a complaint with the U.S. Department of Labor's Wage and Hour Division or bring a private lawsuit in federal or state court, including a collective action with other similarly situated employees.

For those who work for a family office and believe they have been denied overtime pay, minimum wages, or accurate records of their hours, contacting an experienced employment attorney may help clarify their rights and available options. Legal representation varies widely in complexity and approach, and each case requires thorough investigation and individualized strategy.

About BT Law Group, PLLC:

BT Law Group, PLLC is a Miami-based employment law firm that represents workers who have been denied the wages they earned. Led by attorneys Jason D. Berkowitz and Anisley Tarragona, the firm handles unpaid overtime, misclassification, retaliation, and wage and hour claims for family office employees and other workers throughout Miami and South Florida. The firm serves Spanish-speaking clients and is located at 3050 Biscayne Blvd STE 205, Miami, FL 33137. For consultations, call (305) 507-8506.

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