201209.06
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Here’s A Tip…

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…

201205.15
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Workers’ Compensation Settlement Agreements – Consider Including This Language

Workers have it tough these days – which are not much different than any other day(s). But, there is a bright spot for those who lose their jobs. Courts are now trending towards holding employers to their agreements to NOT contest unemployment benefits. This case serves as an example of the recent trend – in… Continue Reading Workers’ Compensation Settlement Agreements – Consider Including This Language

201204.12
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Immigration Status Is Still Irrelevant To Overtime Pay Claims

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

201203.28
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Home Health Care Workers May Soon Be Entitled To Overtime (And At Least Minimum Wage)

In-home health care workers are currently exempt from the Fair Labor Standards Act (“FLSA”). This means that they are not entitled to receive at least a minimum wage or overtime pay. But things may be changing. In December of 2011, the Obama administration announced that it wanted to expand the overtime and minimum wage protections… Continue Reading Home Health Care Workers May Soon Be Entitled To Overtime (And At Least Minimum Wage)

201203.20
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Deparment of Labor Letter?

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?

201202.21
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Retaliation Turns The Table

A few months ago, I was asked by a colleague to assist on a case. He represented a client in a workers’ compensation claim. The defendant in the workers’ compensation claim turned around and sued his client under a bunch of legal theories in Miami-Dade Circuit Court. I was consulted to defend the client. Rather… Continue Reading Retaliation Turns The Table

201202.04
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A Recent Example Of Collaboration

I was recently contacted by an attorney colleague in Miami whose client suffered a work injury. Our mutual client was paid as an independent contractor, which made it more difficult for my colleague to obtain her workers’ compensation benefits. In speaking with the client and analyzing her pay records, we realized that she was working… Continue Reading A Recent Example Of Collaboration

201112.26
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Minimum Wage Is Up Again

Florida’s minimum wage rose to $7.31 per hour on June 1, 2011, and it is going up again to $7.67 per hour, as of January 1, 2012, with a minimum wage of at least $4.65 per hour for tipped employees. While not huge, even this increase of $.36 per hour will certainly help. If you… Continue Reading Minimum Wage Is Up Again