In case you missed it, the Florida minimum wage increased to $7.31 on June 1, 2011. This means that with the tip credit of $3.02, tipped employees must receive a a direct hourly wage of at least $4.29. Since the slightly increased hourly wage has been in effect in Florida for over a month now,… Continue Reading Updated Florida Minimum Wage of $7.31 In Effect For Over a Month Now
The Eleventh Circuit Court of Appeals recently issued an “unpublished” opinion involving the “companionship services exemption” found at 29 U.S.C. §214(a)(15) and the “economic reality” of who actually employed an elderly caregiver who worked around 105 hours a week. Rodriguez v. Jones Boat Yard, Inc. and Victor Bared, Case No.: 10-15326, July 26, 2011. In… Continue Reading FLSA Defendants Identified Several Fatal Flaws – And Won On Each Defense Asserted
Time and time again, clients tell me about how they started work a little bit early to prepare for the shift or were stuck working late to complete a job, only to have the computer reject their hours. It’s one thing to have a policy that forbids overtime and to enforce that policy by not… Continue Reading No Pre-Approval ≠ No Overtime!
My firm constantly receives inquiries from employees who want to pursue wrongful termination claims. Florida is an “employment at will” state, which means that you can be fired for no reason at all… but if you are fired for a reason, it better be a “good” one. In an “employment at will state” like ours,… Continue Reading Wrongful Termination Consultations Can Lead to Wage and Overtime Claims
In the Eastern District of Virginia, the Honorable T.S. Ellis, III, decided that it was in the best interests of the public at large to not keep the settlement of an overtime case brought under the Fair Labor Standards Act (FLSA) confidential and under seal. In Miles v. Ruby Tuesday, Inc., Case No.: 1:11cv135, Judge… Continue Reading Court Refuses To Seal A Settlement Agreements In An Overtime Cases Brought Under The FLSA – Even When Both Sides Are In Agreement…
I recently came across a 2009 statement from the 2009 General Accounting Office (GAO) while researching the Wage and Hour Division’s (WHD) investigation of wage and overtime cases. The statement, which is entitled “Wage and Hour Division’s Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage Theft,” included the following conclusion after… Continue Reading You Can Count on the FairLaw Firm to Recover Your Unpaid Wages and Overtime
Just because an employer calls you an “independent contractor” or “laborer” does not mean that you are one; you might actually be an “employee” who is entitled to overtime pay. So, you may be entitled to overtime wages for the time you worked after 40 hours. If so, you can recover your overtime pay, penalties,… Continue Reading Misclassification of Employees as Independent Contractors Happens
You have every incentive to strengthen your own case, especially when considering that you have the burden to prove that you worked overtime by establishing (a) the dates when you worked overtime and (b) the amount of overtime (times) you actually worked. To gather the specific information necessary to prove an unpaid overtime claim, the… Continue Reading Make Your Case Stronger By Starting A Journal And Keeping Your Own Records
