Articles Posted in Broward County

A Fort Lauderdale employer is being sued over allegations of unpaid overtime wages and retaliation for reporting the unpaid wages as well as discrimination, a hostile work environment and retaliation for complaints about such behavior.

The claim alleges that the company was negligent in paying wages for overtime and created a hostile work environment. A former employee is requesting the company pay damages.

The former employee is a “Hispanic (Cuban Black) male and is a member of” a protected class under the U.S. Civil Rights Act and the Florida Civil Rights Act.

He was employed by the company from October 10, 2014, until July 23 and during his employment was responsible for “maintaining and monitoring inventory, distributing parts, and billing customers,” according to the complaint.

After he was promoted to operations coordinator, a white man was promoted to branch manager. This is when the man claims his hours were cut by the manager, a practice that was not inflicted on nonblack or non hispanic employees. He claims he was treated differently than other employees, and that the manager let other employees make racist comments.

The former employee said he made complaints to the Human Resources department but no changes were made. He alleges that the company tampered with his timecard and failed to pay him overtime wages.

After the man complained to Human Resources, he claims his manager terminated him.

The man is requesting a trial by jury and damages of unpaid wages and court costs.

When racial discrimination costs you your job or leads to you being demoted, you need to take a legal stance and fight for justice. Sadly, race discrimination in the workplace continues to be an unpleasant reality for many workers. Our South Florida Discrimination Lawyers at Whittel & Melton can help you address the injustice you have experienced and get you the financial justice you need to move forward.

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A former employee has filed a lawsuit against The University of Phoenix, alleging national origin discrimination, color discrimination, racial discrimination and retaliation.

The Broward County woman filed a complaint on April 27 in Broward Circuit Court against The University of Phoenix Inc. alleging violation of the 1992 Florida Civil Rights Act.

According to the complaint, the woman, a black Haitian, worked for the University of Phoenix from January 2007 until July 10, 2017 when she was terminated. She says she was deprived of her rights, exposed to ridicule and embarrassment, and suffered emotional distress and other damages, as a result of the discriminatory treatment and the hostile work environment she suffered from her supervisors.

The lawsuit states that the woman’s race and color were the motivating factor in her dismissal.

The suit goes on to state that The University of Phoenix failed to make prompt remedial action to prevent continued discrimination toward the woman and deprived her of her statutory rights under the Florida law.

Federal and state laws strictly prohibit racial discrimination in the workplace. Employers cannot make decisions to hire, fire, promote, or to provide training or other benefits because of a person’s race, color or national origin.  

Our South Florida Discrimination Attorneys at Whittel & Melton have the experience and commitment needed to aggressively fight employers who have mistreated employees at work or fired them because of their race or national origin. We can also protect employees who have been wrongfully retaliated against because they spoke up against race discrimination.

An employee who proves racial discrimination in the workplace did in fact occur may recover lost wages and financial compensation for the emotional harm inflicted upon them. In some cases, employees subjected to race discrimination may receive awards of punitive damages, or can even be reinstated to their jobs or promoted to their rightful position should it have been unfairly denied due to discrimination.

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A former employee is suing a Broward County outlet store, alleging violation of the Fair Labor Standards Act (FLSA).

The man filed a complaint March 26 in Broward Circuit Court against Floor and Decor Outlets of America Inc., alleging failure to pay employees for all hours worked.

According to the complaint, the man worked as a leading specialty retailer in hard surface flooring for Floor and Decor Outlets from July 10, 2015, to Oct. 6, 2017, for approximately 45 hours each week. The suit says the man has suffered loss of earnings for working additional hours in excess of 40 per week because he was not compensated at the statutory rate of one and a half his regular rate of pay as required by FLSA.

The man alleges the company showed reckless disregard for the provisions of the FLSA, and refused to properly pay him for all hours worked.

The FLSA is a federal law which provides very important protections for employees. The FLSA institutes a national minimum wage for employees and mandates that hourly employees be paid overtime, which is 1.5 times their regular hourly rate, for hours worked in excess of 40 in a work week.

The FLSA was established to ensure that workers at the bottom end of the pay scale still receive a fair wage. The minimum wage in Florida for 2018 is $8.25 an hour. If you believe your employer has made an FLSA violation, you have two years to file for recovery of back pay under the FLSA unless the violation is considered willful, in which case a three-year statute of limitations applies.

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A former employee is suing a south Florida cleaning company for alleged retaliation.

The man filed a complaint on Aug. 3 in the Broward County Circuit Court, alleging that the company breached its duty of good faith and fair dealing.

According to the complaint, the man alleges that he suffered loss of employment, loss of income, worsening of his injury, humiliation and embarrassment on March 3 due to the company allegedly terminating his employment in retaliation for his claim for workers’ compensation benefits due to an injury he allegedly sustained in the scope of his employment.

The man holds the company responsible for allegedly terminating him in bad faith without reasonable grounds, and for allegedly interfering with his right to workers’ compensation benefits.

Florida retaliation laws were enacted to protect employees who take a stand in the workplace and fight for what is right. Our Florida Whistleblower & Retaliation Lawyers at Whittel & Melton represent employees who were terminated for doing the right thing. This includes employees who stand up to unlawful company conduct, file a complaint against their boss/supervisor, or testify against the company in a legal proceeding.

When an employer retaliates against an employee, Florida law provides financial relief. An employer retaliates against an employee when the employer fires, demotes, lays-off, or does anything that negatively affects the terms and conditions of the employee’s job  simply because they stood up to illegal dealings in the workplace.

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A former employee is suing a south Florida company for alleged age discrimination, disability discrimination and retaliation.

The woman filed a complaint on Aug. 2 in the Broward County Circuit Court, alleging that the company breached their duty of good faith and fair dealing.

According to the complaint, the woman alleges that she suffered damages on Feb. 1, 2015 as a result of the company allegedly terminating her employment based upon her age, disability and in retaliation for her complaints of discrimination. The woman claims that she suffered mental anguish, loss of dignity and loss of future earnings.

The woman holds the company responsible for allegedly acting with malice and reckless disregard for her protected rights, and for allegedly interfering with her contractual right to enjoy the same benefits and privileges as other employees.

Discrimination can take on many different forms. Sadly, when an employer or another employee discriminates against someone because of age or disability, it is not always easy to prove that is the cause of the discrimination. If you feel you have been the victim of discrimination and you have a disability or are over 40 years old, it is important to work with our South Florida Discrimination Lawyers at Whittel & Melton who can protect your rights.

Age discrimination specifically focuses on the concept that an older person cannot perform a job as well as a younger person. If you are 40 or older and are being treated differently than your coworkers, you could have grounds for a discrimination lawsuit. The older you are, the better the argument for age discrimination becomes.

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A former employee has filed a lawsuit against his former South Florida employer, citing alleged unpaid wages.

The man filed a complaint on June 16 in the Broward County Circuit Court, alleging that his former employer failed its duty to pay employees for all hours they worked at the correct rate.

According to the complaint, the man alleges that he and other similarly situated employees have suffered loss of earnings for working additional hours in excess of 40 per week without being compensated at the statutory rate of 1.5 times their regular hourly rate.

The man holds his former employer responsible for allegedly failing to properly compensate their employees for overtime work.

Powerful and clear labor laws are in place to protect employees’ rights to receive poper pay for all work performed, which includes overtime. Our Fort Lauderdale Unpaid Overtime Lawyers at Whittel & Melton help people working in a broad range of positions throughout Broward County and the surrounding communities. You deserve your full pay for hours worked and for commission, vacation pay and sick time earned. We know what your wage and hour law rights are and we can help you fight for what is owed to you.

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A Hallandale Beach man alleges he was not paid a bonus upon a completion of a project as promised.

The man filed a complaint on June 13 in the 17th Judicial Circuit Court of Florida – Broward County against the construction company alleging breach of contract.

According to the complaint, the man worked for the construction company from January to December 2016. The suit states he was assigned to a project in Jensen Beach and was promised a 20 percent bonus of his salary upon its completion, or $19,000.

The man holds the construction company responsible because they allegedly failed to honor their obligation and pay for the extra compensation upon completion of the project.

The man is seeking damages and unpaid wages, plus costs of suit, attorney’s fees and further relief as the court may deem just.

Florida employers often promise their employees a bonus as a way of motivating them to work harder or to create additional incentives that benefit the employer.

There are two types of bonuses: discretionary and non-discretionary. A discretionary bonus is basically a gift, where the employee’s performance is not a factor. A common example of this is a Christmas bonus. In most cases, an employee has no legal right to recover a discretionary bonus.

A non-discretionary bonus is tied to an employee’s performance, and once that condition is met or satisfied, the employee is entitled to that bonus. If you have been denied a non-discretionary bonus, and you have satisfied the terms, you may have a legal right to take action against your employer.

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A Broward County man says his former employer did not pay for all of the overtime hours he worked as an insulation installer.

The man filed a complaint on Feb. 28. According to his complaint, between July 2014 and March 2017, he worked for more than 40 hours per week. He says the company failed to pay him any overtime premiums at a rate of time-and-one-half for working more than 40 hours per week. He added that he was terminated in retaliation for complaining about the practice.

No one wants to be duped out of their rightfully earned wages. As an employee, you work hard for your wages and expect that your employer will pay you any and all wages you are owed, including overtime pay.

If you know you earned overtime pay, but were denied overtime wages by your employer, you need to enlist the help of an Unpaid Overtime Lawyer at Whittel & Melton as soon as possible. We cannot stress enough how important it is to act fast in these cases. The longer you wait, the greater the risk of being unable to file a legitimate claim against your employer for unpaid wages.

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A Florida Turnpike road ranger alleges he worked 2.5 hours of overtime per week and was never compensated for it.

The man filed a complaint on Feb. 26 against Florida Turnpike Services LLC alleging violation of the Fair Labor Standards Act.

According to the complaint, the man alleges that he worked for more than 40 hours per week as a road ranger without being paid any overtime compensation. He holds Florida Turnpike Services LLC responsible because they failed to pay him any overtime premiums at a rate of time-and-one-half.

A Broward County employer is accused of not paying an air conditioning installer and duct cleaner the proper rate for overtime work.

The man filed a complaint on Jan. 31 in the U.S. District Court for the Southern District of Florida against USA Air Duct Cleaners LLC.

According to the complaint, the man alleges that he worked for more than 40 hours without being paid any overtime compensation during his employment from April to October 2014. He holds USA Air Duct Cleaners LLC responsible because the they failed to pay him any overtime wages at a rate of time-and-one-half despite working more than 40 hours per week. According to the suit, he alleges he worked between 560 to 676 hours of overtime.

Overtime is defined by the Federal Labor Standards Act (FLSA) as any hours worked over 40 in a workweek. The compensation for hours worked more than 40 is 1.5 times the normal hourly rate. For example, if an employee makes $10 per hour, then they should be paid $15 per hour for all hours over 40 worked in that workweek. A work week is seven consecutive 24-hour periods, or 168 hours (24X7). The workweek can start on any day of the week.

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