Articles Posted in Collective/Class Action

A man has filed a collective-action lawsuit against an Orlando business for alleged unpaid overtime wages.

The man filed a complaint on Aug. 1 in the Orange County Circuit Court, alleging that the business failed to pay its employees the proper wage for all hours they worked.

According to the complaint, the man alleges that he and other similarly situated employees have suffered loss of earnings for allegedly not being paid 1.5 times their regular rate of pay for working more than 40 hours per week.

The man holds the business responsible for allegedly failing to determine if employees were properly compensated and for allegedly not keeping accurate time records.

The Fair Labor Standards Act (FLSA) provides for collective action lawsuits against employers for minimum wage and overtime pay violations. To proceed as a collective action under the FLSA, employees must be “similarly situated,” which refers to employees subject to a common policy, plan or design that fails to compensate employees for minimum wage or overtime pay.

Employees must “opt in” to the lawsuit, which means they must affirmatively sign a document stating they want to proceed collectively. Usually one or more employees will initiate the lawsuit on behalf of themselves and others similarly situated. When other employees are given notice of the lawsuit, they can decide how they would like to proceed.

If you have a wage dispute with your employer, our Florida Unpaid Wage & Overtime Lawyers at Whittel & Melton to protect your rights. We can help you file a collective or class action lawsuit to obtain unpaid bonuses, commissions, and vacation pay as well as overtime and minimum wage.

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A Broward County tax return preparer pleaded guilty recently to conspiring to file and filing fraudulent tax returns with the Internal Revenue Service (IRS).

According to documents filed with the court, the 41-year-old man owned two tax preparation businesses in Lauderhill with two other men.

From approximately 2010 through 2016, the three men apparently filed fraudulent returns for their clients seeking refunds to which the clients were not entitled, by reporting fictitious business income, fraudulent education and fuel tax credits and claiming deceased individuals as dependents. They also filed returns in the names of individuals whose identities had been stolen. The man apparently admitted to causing a tax loss of more than $550,000.

The man is scheduled to be sentenced on Oct. 6. He faces a statutory maximum sentence of five years in prison on the conspiracy count and a maximum sentence of three years in prison on the false return count. He also faces a period of supervised release, restitution and monetary penalties.

The other two men involved are scheduled to be sentenced on Sept. 22.

The Tax fraud involved in the above discussed scheme involve some sort of data breach to gain access to employee’s W-2’s. There are several simple things you can do to avoid being victimized and protect your employees’ data, including::

  • Control access to payroll data and other sensitive information. Make sure that only people who really need sensitive data information have access to it. Limiting who can see this information, can eliminate any breaches.
  • Consider requiring a second step to authenticate requests for sensitive data before it can be released. A lot of these breaches happen when employees divulge other employees’ W-2 information to criminals. Should someone request W-2 information, it is beneficial to implement protocol that that employee speak to the person requesting the information before releasing it.
  • Make employees aware of various scams circulating regarding data security. Arm your employees with any “red flag” information so that they know when something seems odd. Always encourage them to ask questions or get help if something does not seem right.

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