Our Firm assists workers in recovering the overtime pay they earned, plus penalties and attorneys’ fees, under the Fair Labor Standards Act.
We are familiar with the the coronavirus' impact on jobs and wages, and with the laws enacted in response. We are here to help with your employment law needs and remain current on the available laws that can be used to help you.
The FairLaw Firm represents employees who were not paid the minimum wages to which they are legally entitled, under the Fair Labor Standards Act and/or Florida Minimum Wage Act.
The FairLaw Firm assists employees in negotiating documents - whether they be employment agreements or severance packages involving both private and public employers - and is responsive to your concerns in reaching an agreement without resorting to litigation
The FairLaw Firm helps tipped employees – servers, waiters, waitresses, bartenders, and bussers – who were cheated out of tips or were underpaid.
Various state and federal laws and local ordinances are designed to protect those who work in the United States from discrimination. Unfortunately, many people are unfairly discriminated against every year.
The FairLaw Firm represents employees who were paid as independent contractors when they should have been paid as and received the same benefits and treatments as employees, such as minimum wages, overtime, and tax treatment.
The FairLaw Firm represents workers who were retaliated against for bringing a workers’ compensation claim, minimum wage or overtime claim, or for being a whistleblower.
The FairLaw Firm has been successful in representing municipal employees, including city officials, police officers, members of the police command staff, and others in employment disputes against various counties, cities, and municipalities in South Florida.
Practice Area Details
Unpaid overtime – the FairLaw Firm focuses on representing employees recover the overtime pay they earned under the Fair Labor Standards Act and other laws. Both Florida and Federal laws have provisions which require that employees receive overtime pay - which is calculated at 1.5 times the regular hourly wage. Overtime pay can be calculated to include not just the hourly rate of pay, but also certain bonuses and commissions.
Coronavirus - the FairLaw Firm's extensive experience in employment law has positioned it to be leading the way in the laws that were in place and those that were enacted to deal with the coronavirus pandemic.
Minimum wages – the FairLaw Firm assists those who were not paid the minimum wages they earned. Oftentimes, employees are denied even a minimum wage because and employer has misclassified an employee as an independent contractor, day laborer, or 1099 worker or because the employer misapplied or miscalculated the tip credit for those employees who count on tips to supplement their low hourly wages. Other times, employees didn't even know that they got paid less than minimum wage because they had to pay for expenses for using their car, for buying or maintaining uniforms, or to spend their own money for work, but these can all be violations of Florida or federal law.
- The 2020 Florida minimum wage is set at $8.56 per hour, or $5.44 for tipped employees
- The 2015 Florida minimum wage was set at $8.05 per hour, or $5.03 for tipped employees
For employees who regularly receive and count on tips to supplement their wages, the tip credit which can be used to reduce the minimum wage at the rate of $3.02 per hour, which means that your employer can pay you $3.02 less than the minimum wage - but only if they follow the law (and many employer make a misstep which could entitle you to claim this $3.02 for every hour that you worked).
Misclassification - the FairLaw Firm represents employees who were paid as independent contractors when they should have been paid as and received the same benefits and treatments as employees, such as minimum wages, overtime, and tax treatment.
Tax Fraud - the FairLaw Firm is leading the way in using federal law to bring claims for affected workers against employers who issue them false or fraudulent information returns - such as IRS Form W-2's or 1099's that do not include al payments (such as cash payments). Oftentimes, these situations occur when an employer fails to include cash payments in the W-2's or 1099's, while this also happens when an employer overstates the income paid to an employee in order to cover up the payments it made to undocumented workers.
Tips and Tip Pool Violations – servers and those who work in restaurants are generally required to be paid at least a minimum wages. What often happens is that a restaurant will not accurately or properly document the hours worked, will not properly pay servers and tipped employes for the time that they work, and does not create the proper documents to be able to pay and hourly wage that is $3.02 less than the minimum wage by relying on the tip credit. When a restaurant requires that tips be pooled, what often happens is that non-tipped employees like cooks improperly share in the tips. The FairLaw Firm assists servers, bartenders, cooks, runners, barbacks, cleaners, hosts, hostesses, and others who work in restaurants recover the pay that they worked so hard to earn.
Unpaid wages – the FairLaw Firm represents employees recover the wages they earned, also under the Fair Labor Standards Act and other laws. You worked hard to earn your pay, and so the FairLaw Firm will work hard for you to recover what you should have been paid.
Discrimination - FairLaw Firm represents employees who are discriminated against, harassed, and/or fired because of their race, gender, religion, for being pregnant, and/or for being a member of a protected class.
Municipal Liability - the FairLaw Firm has been successful in representing municipal employees, including city officials, police officers, members of the police command staff, and others in employment disputes against various counties, cities, and municipalities in South Florida.
Severance Agreements - the FairLaw Firm assists employees in negotiating documents - whether they be employment agreements or severance packages involving both private and public employers - and is responsive to your concerns in reaching an agreement without resorting to litigation.
The FairLaw Firm works with other attorneys and law firms when a case is outside of its main areas of practice. Of course, the FairLaw Firm also respects the referrals and participation it receives from other attorneys and law firms.
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