When he or she is actually an “employee”. I have a lot of people who come to my office and say that they were paid as independent contractors (or 1099 workers). Often, they were paid the same amount every hour, every day, every delivery, every job, or every week. They were told: when to show… Continue Reading When Is An Independent Contractor Entitled To Overtime Or Minimum Wages
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!
Thanksgiving Is Officially Over; Now Get to Work! The latest buzz in labor and employment law involves Thanksgiving, thanks to Target and other retailers. We all know that someone had the bright idea to force hourly employees to “put on a happy face” while spending the night with co-workers and strangers instead of with family… Continue Reading Thanksgiving Is Officially Over; Now Get to Work!
Overtime Without the Clock Most employees are entitled to be paid based on the hours that they worked, and not on a salaried basis, plus overtime wages. Workers who are paid by the hour usually clock in and out of work. This can be done in many ways, from sign-in sheets to punch clocks to… Continue Reading Overtime and the Clock
Different Courts Can Hear Overtime and Minimum Wage Claims Federal Court The newest federal courthouse in Miami is pictured above. Overtime pay and minimum wage claims are known for being brought in federal court. In South Florida, this means that overtime and minimum wage claims involving employers in Miami-Dade, Broward, Palm Beach, and Monroe Counties… Continue Reading Different Courts Can Hear Overtime and Minimum Wage Claims
Wage Theft Is Driven By Numerous Factors – Hurting Employees In Many Ways Wage theft occurs when an employer fails to pay minimum wage or overtime wages – and it happens all the time in Miami. The obvious result of wage theft is that the employee does not get the wages earned for working. But,… Continue Reading Wage Theft Is Driven By Numerous Factors – Hurting Employees In Many Ways
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
