The Wage and Hour Division of the Department of Labor (“DOL”) recently announced a pilot program for employers to, basically, self-report violations of the Fair Labor Standards Act (“FLSA”). The DOL indicated that its Payroll Audit Independent Determination (“PAID”) program is designed to allow employers to pay their employees the overtime wages and/or minimum wages… Continue Reading Amnesty for FLSA Violators
I am happy to report that the District Court for the Southern District of Florida recently certified a collective action for all equipment operators who against Treecycle Land Clearing, Inc. and Sean Casey based on the claim that they did not pay all of the overtime wages earned from October 18, 2014 to the present.… Continue Reading Collective Action Certified Against Treecycle Land Clearing
A lot of people I meet with think alike. They think that they can’t bring a claim to recover their overtime or minimum wages because there are no time records. Often, there are no time records because an employer pays a weekly salary, a day rate, or only by commission. Other times, an employer knows… Continue Reading Time Records… Who needs them?
For whatever reason, I’ve seen quite a few clients come to me at my lately at my Miami office who signed a non-compete agreement either before or while working for their employers somewhere in the South Florida area (Miami-Dade, Broward, etc.). Some of these clients have come to me before they start working in a… Continue Reading Non-Compete? Not if you’re owed money.
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.… Continue Reading Overtime on Commissions? Sure.
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… Continue Reading Collective Action Certified Against Yes You Can! Diet Plan Owners
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… Continue Reading FairLaw Firm Files Collective Action Against VHU Express, Inc.
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… Continue Reading Overtime? …but I’m On Salary!
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… Continue Reading Click Here To Claim Some Money?
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… Continue Reading Back to Back Trial Victories for FairLaw Firm’s Clients
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… Continue Reading New Department of Labor Announcement