Companies will go to great lengths to save money. I have seen many companies who rely on what they call “independent contractors” but who, in reality, are employees. When this happens, companies may have violated overtime laws, minimum wage laws, or both. For instance, delivery drivers who are misclassified (and paid) as independent contractors may… Continue Reading Independent Contractors Claims
Broward County adopted its new Wage Theft Ordinance in early 2013. The purpose of the ordinance is to not only make it easier for employees to recover their wages, but to also provide incentives for employers to pay the amounts due. I have reviewed the Ordinance and provided this summary to give a gist of… Continue Reading How Good Is Broward County’s Wage Theft Ordinance?
The Florida Minimum Wage went up – increasing from $7.67 per hour in 2012 to the new Minimum Wage of $7.79 per hour for 2013. That’s an increase of $0.12 per hour. Employers can pay $3.02 per hour less than the Florida Minimum Wage, by paying a direct hourly wage of $4.77 per hour to… Continue Reading Florida Minimum Wage Up 12 Cents For 2013
What’s Your Paycheck Missing ? It Could Be Your Pay! Paychecks tell a lot about a business. For example, paychecks that fail to contain the number of hours worked, the rate(s) of pay, and the dates covered by the paycheck usually prompt me to investigate the business further to determine not if, but how many… Continue Reading Get A Free Paycheck Review
Tips are the property of the employee, generally. Servers, bartenders, and others who regularly and customarily receive tips can actually get paid less than minimum wage – $3.02 per hour less than minimum wage to be exact. Payment in this way is called the “tip credit”. But, there are a lot of technicalities involved when… Continue Reading Here’s A Tip…
Employees working in Miami-Dade County who did not get paid their proper wages can use a process outside of the Courts to recover their wages (i.e., combat wage theft). Some in the Florida Legislature tried to ban Cities and/or Counties from enacting wage theft ordinances but, thankfully, this effort failed. The idea behind Miami-Dade County’s… Continue Reading Filing a Wage Theft Complaint in Miami-Dade
Recently, the Department of Labor obtained a decision from a federal court in New York in Solis vs. Cindy’s Total Care, Inc. in which the Court ruled that evidence of immigration status was irrelevant to employees’ claims for overtime pay under the Fair Labor Standards Act (“FLSA”). In particular, the Cour held that, “The Act contains… Continue Reading Immigration Status Is Still Irrelevant To Overtime Pay Claims
My office gets contacted by employees who receive letters from the Department of Labor saying that they are owed back wages. These back wages are usually underpaid minimum wages or unpaid overtime pay. While I respect the Department of Labor and those in the local offices with whom I have spoken on matters, especially for the… Continue Reading Deparment of Labor Letter?