Employees working in Miami-Dade County who did not get paid their proper wages can use a process outside of the Courts to recover their wages (i.e., combat wage theft). Some in the Florida Legislature tried to ban Cities and/or Counties from enacting wage theft ordinances but, thankfully, this effort failed. The idea behind Miami-Dade County’s… Continue Reading Filing a Wage Theft Complaint in Miami-Dade
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
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?
I have assistant managers contact me to ask whether they are entitled to overtime pay. They explain that they don’t make decisions about hiring or firing other employees, don’t set schedules, and don’t have the ability to suspend or reprimand other employees. They perform job duties that are almost identical to everyone around them, except… Continue Reading Maybe You Are Entitled to Overtime Pay
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
Clients often call my office with more than one problem. My employee clients will at first talk about how they did not get paid overtime wages and then discuss some other problem where they used to work. The second problem usually involves either some type of illegal discrimination (like pregnancy, age, race, or national origin), a… Continue Reading Unpaid Wage Claim As Entree Or Appetizer
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
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
I see employees get cheated out of a few dollars every week, while others lose out on thousands of dollars. Not getting the wages you earned usually happens for one of the following reasons: You don’t get paid overtime wages; You don’t get paid a minimum wage; You get a lunch or other break automatically… Continue Reading Unpaid Wages? Yes, It’s Worth It!