The United States Department of Labor, Wage and Hour Division, has been analyzing and taking comments about potential changes to the amount of salary necessary for an employee to be considered exempt. Whether an employee makes enough money in salary is one of the factors considered in determining whether an employee should be exempt from… Continue Reading Updated Overtime Pay Rules Go Into Effect On January 1, 2020
I’ve met with quite a few clients who have come to my office in Miami with severance agreements over the past few months. I should point out that Florida has no law that requires your employer to pay you a severance payment because you are being fired or laid off. While there certainly are times… Continue Reading Is A Severance Agreement Just Free Money?
I have a fairly unique perspective on non-compete agreements, as I’ve found myself litigating in Court on both sides (but not at the same time of course) of the issues involved during my practice. Recently, a few individuals were referred to me because they received a cease and desist letter in which a local law… Continue Reading Offense Can Be A Great Defense To Non-Compete Agreements
We at the FairLaw Firm are please to report that on July 12, 2018, after a 2-day federal jury trial before U.S. District Judge Kathleen M. Williams, the jury returned a verdict for our client. After asking for a calculator during their deliberations, the jury returned a verdict for our client by awarding her the… Continue Reading Another Federal Trial Win!
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.