Employers in various industries, such as construction, roofing, landscaping, as well as those involved in production, maintenance, and/or cleaning services often use a day rate model to pay their employees. Over the years, both employers and employees have come to FairLaw Firm and asked if it was legal to pay a worker a set amount… Continue Reading Is Paying A Day Rate Legal?
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!
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
Nurses Victorious In Appeal Involving Unpaid Wages Just in time for Labor Day, the Third Circuit Court of Appeals took a step to disarm employers involved in unpaid wage (including unpaid overtime wage and minimum wage) lawsuits. In Symczyk v. Genesis Healthcare Corp., the plaintiff was a registered nurse (RN) who filed a lawsuit to… Continue Reading Score One For Nurses Seeking Unpaid Wages
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
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 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.