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.
The FairLaw Firm first took the case of Oscar Bermudez Rodriguez to trial against Demolition King, Inc. and Guillermo Gonzalez before United States Magistrate John J. O’Sullivan on February 17-18, 2015. Mr. Bermudez claimed that he was misclassified as an independent contractor and deprived of overtime pay. Prior to trial, Mr. Bermudez had filed a… Continue Reading Back to Back Trial Victories for FairLaw Firm’s Clients
The Florida Minimum Wage is set to increase again. As of January 1, 2014, the Florida Minimum Wage will increase by $0.14 to $7.93 per hour. This also means that tipped workers, such as waiters, waitresses, bartenders, barbacks, bussers, hostesses and others who customarily receive tips must receive at least $4.91 per hour. You can… Continue Reading Florida Minimum Wage Increase for 2014
Wage Theft was in the news again, this time appearing on WSVN Channel 7 in Miami on Help Me Howard: WSVN-TV – 7NEWS Miam Ft. Lauderdale News, Weather, Deco I think that Howard may have been a little mistaken. The only laws that would allow Melissa to get double her unpaid wages would be either… Continue Reading Wage Theft in the News Again
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?
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