I have had several people consult with me lately about whether they were paid overtime at the correct rate. Each one was paid on an hourly basis, but also earned a commission based on the sales made. The commission was paid on a monthly basis. So, they both asked me if they got paid properly….
I am happy to report that the District Court for the Southern District of Florida recently certified a collective action for all sales employees against against 7 Call Center Inc., Chaban Wellness LLC, Alejandro Chaban, and Ronald Day for not including commissions when paying overtime to their employees. You may know these employers from their…
The FairLaw Firm recently filed a putative collective action lawsuit against VHU Express, Inc. and its owners, Lisa Bythewood and Craig Bythewood, for failing to pay their employees at least a minimum wage for all time worked and for also failing to pay them overtime wages for all time worked. The lawsuit alleges that VHU…
With the first month of 2016 in the books, and with eleven left to go, I wanted to let you know that the Florida Minimum Wage has not changed at all… It was $8.05 per hour in 2015 and it will stay the same this year.
I talk with a lot of potential clients who complain that they work more than 50 hours a week without getting paid overtime. I always ask if they complained to a supervisor or boss, and the usual response is that “I didn’t know because I was on salary.” Salaried workers are often misclassifed and as…
Yes, that’s right… it’s no joke. A website that lets you claim money – and from the government, no less. The Miami Herald just reported on this topic. The Wage and Hour Division of the Department of Labor recently launched its WOW website. WOW stands for Workers Owed Wages. The Department of Labor wants to…
The FairLaw Firm first took the case of Oscar Bermudez Rodriguez to trial against Demolition King, Inc. and Guillermo Gonzalez before United States Magistrate John J. O’Sullivan on February 17-18, 2015. Mr. Bermudez claimed that he was misclassified as an independent contractor and deprived of overtime pay. Prior to trial, Mr. Bermudez had filed a…
Today, the Department of Labor (DOL) announced that it reached a memorandum of understanding with the Florida Department of Revenue to combat the misclassification of employees. I am not surprised that the DOL decided to step, as I have seen a significant number of employees who were misclassified as independent contractors down here in South…
The FairLaw Firm recently filed a lawsuit on behalf of drivers who worked for Handy Wash, Inc. d/b/a Independent Drivers Association (Handy Wash) and Zuni Transportation, Inc. (Zuni). The lawsuit, Peña v. Handy Wash, Inc., was filed in the Southern District of Florida, Case No. 14-20352-CIV-ALTONAGA. Ms. Peña seeks to assemble a collective action so that she…
The FairLaw Firm recently teamed up with Morgan & Morgan on behalf of Benefits Consultants who worked for Physician United Plan and Florida Marketing Organization. The lawsuit, Smith vs. Physicians United Plan, Inc. and Florida Marketing Organization, Inc., was filed in the Southern District of Florida, Case No. 14-cv-60531-SCOLA. Ms. Smith seeks to assemble a collective…
We fight for those who risk their lives and don’t get paid properly for it. We recently sued the City of South Miami for not paying overtime to a former sergeant who earned it. Check out part of the story on our lawsuit, which was reported in the Miami Herald here. The FairLaw Firm is…
The Florida Minimum Wage is set to increase again. As of January 1, 2014, the Florida Minimum Wage will increase by $0.14 to $7.93 per hour. This also means that tipped workers, such as waiters, waitresses, bartenders, barbacks, bussers, hostesses and others who customarily receive tips must receive at least $4.91 per hour. You can…
