Undocumented Workers Are Entitled to Overtime Pay and Minimum Wages On the one hand, you would think that undocumented workers are not entitled to be paid an overtime wage or minimum wage because they are working in this country illegally and have not paid taxes. But on the other hand, these workers did their jobs… Continue Reading FLSA Protects Undocumented Workers
The FairLaw Firm Understands the Value of Relationships I built the FairLaw Firm with the help of professional relationships – both old and new. I reached out to old friends, existing clients, former clients, and to other attorneys and law firms with respected practices in other areas of the law to build and grow my… Continue Reading Referral Relationships Matter In A Wage, Hour, and Overtime Practice
Unpaid Wage Claims Require Realistic Expectations Clients who have been the victims of wage theft do not initially realize that they were denied either the minimum wages or overtime wages they earned. Once this realization occurs, clients can have unrealistic expectations about their rights and the remedies they have. I have seen this occur when… Continue Reading Unpaid Wage Claims Require Realistic Expectations
A Wage Claim Settlement Tip Wage claim inquires come to my firm from a variety of sources. I am fortunate that other attorneys (and law firms) trust me and my firm to handle the wage and overtime inquires they get, and to handle the wage claims they identify. I receive referrals from all sorts of… Continue Reading Wage Claim Settlement Tip
Unpaid Wage Claims Raise Numerous Issues, But At Least Consider These Three 1. Wages are taxed. When you are an employee, you routinely have money withheld from your paychecks for taxes and FICA. When you resolve an unpaid wage claim (involving minimum wages or overtime pay), whether by settlement or judgment, the portion of the… Continue Reading 3 Issues To Consider In Resolving Unpaid Wage Claims
Unpaid Wage Issues Discussed On Help Me Howard Last night, I was watching WSVN 7 for the 10:00 news. The Help Me Howard segment involved a gentleman who had not received a paycheck for seven (7) weeks, meaning that he had accrued unpaid wages for way too long. I think that even though the employer… Continue Reading Unpaid Wages Discussed On Help Me Howard On August 15, 2011
Should Unpaid Overtime Claimants Be Concerned About Retaliation I am often asked whether employees who bring claims for unpaid overtime are protected from retaliation by their employers. The answer, of course, is yes. The Fair Labor Standards Act (FLSA), at 29 U.S.C. §215(a)(3), protects employees from being retaliated against for bringing a claim against their… Continue Reading Are Unpaid Overtime Claims Protected From Retaliation?
Overtime Claims Can Benefit From Testimony And Documents Obtained In Collateral Proceedings Receiving unpaid overtime case referrals from other attorneys, especially workers’ compensation and personal injury attorneys, is always much appreciated. I have found that while evaluating a wage loss claim, workers’ compensation and personal injury attorneys (and their respective staffs) are keen on analyzing… Continue Reading Overtime Claims Can Benefit From Evidence Collected In Other Proceedings
Wages – Don’t Wait Too Long To Get Paid Or They Could Be Gone Forever! We work to get paid – either wages, salary, commission, or a draw. Unfortunately, I have seen too many employees come into my office to try and recover the wages they earned but were not paid for one reason or… Continue Reading After Earning Wages, Don’t Wait To Get Paid – Or You Might Never Your Money!
Overtime laws (under the Fair Labor Standards Act or “FLSA”) are very favorable to employees, but still many employees often mistakenly believe that they are not entitled to overtime pay because they received a salary or had the title of manager or supervisor. I am hoping that these common misconceptions can be avoided by those… Continue Reading Unpaid Overtime Claim? 8 Questions To Ask.
In case you missed it, the Florida minimum wage increased to $7.31 on June 1, 2011. This means that with the tip credit of $3.02, tipped employees must receive a a direct hourly wage of at least $4.29. Since the slightly increased hourly wage has been in effect in Florida for over a month now,… Continue Reading Updated Florida Minimum Wage of $7.31 In Effect For Over a Month Now
The Eleventh Circuit Court of Appeals recently issued an “unpublished” opinion involving the “companionship services exemption” found at 29 U.S.C. §214(a)(15) and the “economic reality” of who actually employed an elderly caregiver who worked around 105 hours a week. Rodriguez v. Jones Boat Yard, Inc. and Victor Bared, Case No.: 10-15326, July 26, 2011. In… Continue Reading FLSA Defendants Identified Several Fatal Flaws – And Won On Each Defense Asserted
