Articles Posted in Miami Dade County

A Miami-Dade County woman formerly employed as an assistant manager claims she was wrongfully terminated for taking a medical leave.

The woman filed a complaint on Jan. 25 in the U.S. District Court for the Southern District of Florida, Miami Division against General Nutrition Corp. alleging violation of the Family and Medical Leave Act.

According to the complaint, the woman says that in 2016 she was terminated from her employment for asking for time off due to the complications from a surgery. She claims General Nutrition Corp. failed to notify her that her leave could be designated as FMLA leave.

When you are facing a serious illness, injury, or a family medical issue, you have rights as an employee to take care of yourself and your family. This is a stressful time and you should not have to worry about being fired or demoted. The Family and Medical Leave Act (FMLA) provides rights and protections to employees who must take absence from work for a qualifying illness or injury.

Keep in mind that disputes regarding an employee’s termination while on leave arise quite often. Employers will claim they acted within their rights to terminate, while the employee may claim the termination was illegal because it was only due to taking leave. This is why FMLA cases require the help of an employment attorney to gather the necessary evidence and prove the actual facts of what happened.

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A Miami construction worker alleges he is owed unpaid overtime wages from his former employer.

The man a complaint on behalf of all others similarly situated on Jan. 3 in the U.S. District Court for the Southern District of Florida against CMG Development LLC, citing the Fair Labor Standards Act.

According to the complaint, the man claims that he worked for more than 40 hours without being paid any overtime compensation during his employment from June 2013 to February 2016. He holds CMG Development LLC responsible because the company allegedly failed to pay him any overtime premiums for hours worked that exceeds 40 at a rate of time-and-one-half.

He is seeking double damages, all overtime wages still owing, and all legal fees plus interest.

If you think that you are owed overtime and your employer has not paid you, you may have a claim for unpaid overtime. Sometimes employers will tell their employees that they are not entitled to overtime pay when they actually are. There are thousands of workers throughout Florida and the rest of the U.S. who are not receiving overtime pay from their employers even though the law clearly states they should be collecting overtime wages. Our Unpaid Wage & Overtime Lawyers at Whittel & Melton can help you if you have been unfairly denied overtime pay.

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Crews responded to a construction accident at a parking garage on the Miami Dade College Campus Friday.

The accident happened around 2:30 p.m. at the West Campus at 3800 Northwest 115th Avenue in Doral.

Miami-Dade Fire Rescue said two injured construction workers were being treated on the third floor for their injuries. According to reports, they had to hoist them down to the ground before transporting them to the hospital. One is believed to have suffered a leg injury.

The accident is currently under investigation with MDFR.

Reports indicate that one of the concrete plates that interconnect to make up the structure, came crashing down on the third floor. Crews are not calling the accident a collapse at this time.

MDC released the following statement after the accident: “There was a construction incident at MDC’s West Campus garage that is currently under construction. There are some minor injuries reported. Because it is Friday, there are not many classes taking place or many people around. Classes and operations have not been impacted. The Campus is open.”

Crews began construction on the $22.5 million, five-story garage to accommodate the increasing number of students at the campus in January 2012. That October, part of the nearly completed garage collapsed, killing four workers.

Miami Dade College reached a $33.5 million settlement with the contractor and subcontractors hired to build the garage after the collapse occurred.

Working on a construction site is one of the most dangerous jobs in the United States. As this case shows, construction accidents injure or kill thousands of workers each year. Construction accidents account for one in five workplace fatalities in America. Accidents like these happen when safety engineers are negligent or when safety programs are absent. Regardless of what type of injury was suffered, the injured worker is entitled to some kind of compensation. A Florida Worker’s Compensation Lawyer at Whittel & Melton can help injured workers and families pursue personal injury or wrongful death claims to make sure injured workers are fully compensated for any damages suffered.

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Five members of the U.S. women’s national soccer team have filed a wage-discrimination action against the U.S. Soccer Federation with the Equal Employment Opportunity Commission on behalf of the entire team.

The filing, citing figures from the USSF’s 2015 financial report, claims that despite the women’s team generating nearly $20 million more revenue last year than the U.S. men’s team, the women are paid almost four times less.

The EEOC will conduct an investigation and determine if its findings warrant compensation to the U.S. women’s team.

U.S. Soccer, after issuing a statement saying it was “disappointed” that the action was taken, issued a second statement Thursday afternoon saying it is “committed to and engaged” in negotiating a new CBA “that addresses compensation with the U.S. women’s national team “when the current CBA expires at the end of this year.”

Among the numbers cited in the EEOC filing are that the women would earn $99,000 each if they won 20 friendlies, the minimum number they are required to play in a year. But the men would likely earn $263,320 each for the same feat, and would get $100,000 even if they lost all 20 games. Additionally, the women get paid nothing for playing more than 20 games, while the men get between $5,000 and $17,625 for each game played beyond 20.

According to the figures, the pay for playing in the World Cup is also disparate. The U.S. women received a team total of $2 million when it won the World Cup last year in Canada. Yet when the U.S. men played in the World Cup in Brazil in 2014, the team earned a total of $9 million despite going just 1-2-1 and being knocked out in the round of 16.

The team, which has qualified for this summer’s Olympics in Brazil, is currently in Florida training for a pair of exhibition games against Colombia.

It will be interesting to see how this case plays out. Based off the reports cited in this article, it appears the women have a valid claim that is worth taking action over.

If you feel you are being treated differently from other employees at your workplace because of your gender, age, race, religion, pregnancy, disability or even a medical condition, you may be the victim of workplace discrimination. An experienced Florida Employment Lawyer at Whittel & Melton can review your case and help you understand whether you have an employment discrimination claim.

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