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
Time and time again, clients tell me about how they started work a little bit early to prepare for the shift or were stuck working late to complete a job, only to have the computer reject their hours. It’s one thing to have a policy that forbids overtime and to enforce that policy by not… Continue Reading No Pre-Approval ≠ No Overtime!
My firm constantly receives inquiries from employees who want to pursue wrongful termination claims. Florida is an “employment at will” state, which means that you can be fired for no reason at all… but if you are fired for a reason, it better be a “good” one. In an “employment at will state” like ours,… Continue Reading Wrongful Termination Consultations Can Lead to Wage and Overtime Claims
In the Eastern District of Virginia, the Honorable T.S. Ellis, III, decided that it was in the best interests of the public at large to not keep the settlement of an overtime case brought under the Fair Labor Standards Act (FLSA) confidential and under seal. In Miles v. Ruby Tuesday, Inc., Case No.: 1:11cv135, Judge… Continue Reading Court Refuses To Seal A Settlement Agreements In An Overtime Cases Brought Under The FLSA – Even When Both Sides Are In Agreement…
I recently came across a 2009 statement from the 2009 General Accounting Office (GAO) while researching the Wage and Hour Division’s (WHD) investigation of wage and overtime cases. The statement, which is entitled “Wage and Hour Division’s Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage Theft,” included the following conclusion after… Continue Reading You Can Count on the FairLaw Firm to Recover Your Unpaid Wages and Overtime
