Articles Posted in Unpaid Overtime

A group of landscapers suing their employer for overtime pay have settled their class action lawsuit for roughly $4.8 million.

The landscapers claimed that their employer failed to pay overtime to its full-time, salaried supervisors because it paid only half-time overtime pay on a fluctuating workweek basis.

The settlement covers 839 workers who were paid by the company and performed work in Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Virginia, Washington or Wisconsin between Oct. 8, 2010, and June 8, 2014.

It covers employees who were paid a salary and were also eligible for half-time overtime fluctuating workweek pay.

Overtime pay is required for most Florida jobs. Unfortunately, many employers try and cheat their employees out of the pay to which they are legally entitled to receive. Even salaried employees may be able to collect overtime pay, it really all depends on if their titles do not match with federally defined duties they perform. Don’t let your employer rob you of your hard earned wages. Our Florida Unpaid Overtime Lawyers at Whittel & Melton can help you recover your losses.

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A former employee is suing an Orlando blues club, alleging unjust enrichment and unpaid wages.

The man filed a complaint Oct. 2 in Orange County Circuit Court  alleging failure to provide employees proper wages and reimbursements.

According to the complaint, in June 2017, the man suffered monetary injury on his credit card expenses amounting to $22,959.94. The suit says the establishment has failed to reimburse him for goods, materials, services and other items necessary that he purchased through his personal credit card for the operation of the business.

Additionally, the man says he did not receive wages for work performed during his final week of employment.

He alleges the business retained the benefits conferred by the man without the necessary reimbursement, failed to provide him with his final paycheck, and forced him to retain and pay for legal counsel.

What is unjust enrichment? Unjust enrichment is a legal theory established to prevent someone from seeking the benefit of something, typically goods or a service, that they did not pay for. Unjust enrichment is often referred to as “quasi-contract,” but in reality the lack of a contract between parties is what actually results in the unjust enrichment. If you have provided a service or goods under what you thought was a contract, and you have not received payment, our Florida Employment Lawyers at Whittel & Melton can help. We can provide you with a free consultation and let you know what damages you may be able to recover for unjust enrichment.

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An employee is suing a Pinellas County business, alleging violation of the Fair Labor Standards Act (FLSA).

The man filed a complaint Sept. 25 in Pinellas County Circuit Court against the Pinellas County business,  alleging they failed to pay employees for all hours worked.

According to the complaint, from Nov. 1, 2009, June 30, 2017, the man suffered economic injuries from working for the company as a non-exempt employee. The suit says the man provided in-home support and other services for special needs adults. As a result, the lawsuit states, he worked more than 40 hours per week, but was not compensated at the statutory rate of one and a half their regular rate of pay as required by FLSA.

The man alleges the business denied applicable overtime wages under the FLSA, and forced the man to incur legal services and fees to protect his interest.

In many unpaid wage cases, the problem with wage and hour violations begins with employee misclassification. People entitled to overtime for hours more than 40 in a workweek are often misclassified as exempt from overtime pay. Workers operating as full-time employees are misclassified as independent contractors. Our Pinellas County Unpaid Wage & Overtime Lawyers at Whittel & Melton are experienced in dealing with misclassifications amongst employees. Once we expose these errors and violations, we can fully understand what compensation and backpay you are owed, which could be substantial.

We represent both salaried and hourly employees, and we are fully aware of which industries and occupations are most common for failing to pay their employees properly.  

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A cook has filed a class action lawsuit against her former employer, alleging the Fair Labor Standards Act (FLSA), and workers compensation acts.

The woman filed a complaint, individually and on behalf of herself and all others similarly situated Sept. 18, in Pinellas Circuit Court against the restaurant, alleging they failed to pay employees for all hours worked.

According to the complaint, the woman, who worked as a line cook from March 15 until her termination April 3, and other similarly situated employees, have suffered the loss of earnings. The suit says they worked in excess of 40 hours per week, but were not compensated at the statutory rate of one and a half their regular rate of pay as required by FLSA.

The woman claims the restaurant denied employees their full and proper overtime compensation required by the FLSA, and showed reckless disregard of the provisions of the FLSA.

The Fair Labor Standards Act has set forward strict standards for employers. Employees must make minimum wage for every hour they work, in compliance with overtime regulations and current minimum wage law. If your employer has not paid you in compliance with overtime or minimum wage laws, you are entitled to pursue an unpaid wage claim.

It is important to point out that it is also illegal for your employer to retaliate against you for asking about a wage and hour dispute or for taking legal action. If you were fired, demoted, given unfavorable shifts or bad reviews simply because you inquired about not being paid properly, you have a right to pursue legal action.

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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 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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An overtime lawsuit by hourly night-shift employees of a Chipotle restaurant in Minnesota who allegedly worked without pay while closing the restaurant can proceed as a collective action, the U.S. District Court for the District of Minnesota ruled.

Chipotle operates more than 2,100 restaurants in 46 states and the District of Columbia, as well as internationally. In 2014, four hourly employees of a Chipotle Mexican Grill Inc. in Crystal, Minn., filed a lawsuit in the District of Minnesota against Chipotle on behalf of themselves and all others similarly situated under the Fair Labor Standards Act (FLSA) and the Minnesota Fair Labor Standards Act (MFLSA).

They claimed that Chipotle has a companywide unwritten policy of requiring hourly paid employees to work off the clock and without pay, and they sought to recover allegedly unpaid overtime compensation and other wages.

Each Chipotle is also managed by a general manager, one or more “apprentice managers” who serve as assistant managers, one or more service managers, and one or more kitchen managers, and has 15 to 50 crew members.

A Crystal Chipotle apprentice manager from April 2012 to October 2013, filed a declaration in a related lawsuit against Chipotle in the U.S. District Court for the District of Colorado that his superiors knew that the general managers and apprentice managers in the 50-store area required hourly employees to work off the clock to meet Chipotle’s requirement that they keep labor costs down. He stated that he was directed to clock out hourly night-shift crew members before 12:30 a.m. and require them to keep working after they clocked out.

Chipotle argued to have the case decertified, but ultimately, the court denied Chipotle’s motion to decertify the collective action.

You can read more about the case here.

It is illegal to force hourly employees to work off the clock. When a group of employees are seeking damages for unpaid overtime or minimum wage under the Fair Labor Standards Act, they can file together in what is called a collective action lawsuit. Collective action lawsuits have many advantages over filing alone. These lawsuits work to increase the efficiency of the legal process and lower legal costs for all parties by grouping the plaintiffs together.

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On Friday the U.S. Labor Department defended its authority to use salary levels to decide who was eligible for overtime pay.

Under U.S. President Donald Trump, the Labor Department has continued to fight a challenge to an Obama administration-era rule to raise the pay threshold for overtime eligibility.

The Labor Department told a federal appeals court on Friday it had the power to use salaries to set thresholds for mandatory overtime pay, without advocating for the $47,500 maximum salary level set by the department under Obama.

The Labor Department is challenging a November decision from a federal judge in Texas that blocked the Obama rule, a decision that the department said could prevent it from setting a new threshold below that set by the Obama administration.

The Obama rule was expected to extend overtime pay eligibility to more than 4 million salaried workers. Nevada and 20 other states sued last year to block the rule.

Business groups criticized the increase as too drastic and costly, potentially forcing employers to convert salaried workers to hourly wages.

Trump’s Labor Secretary R. Alexander Acosta said during his confirmation hearing in March that the correct threshold might be around $33,000. The Labor Department took initial steps earlier this week to begin developing a new threshold.

In its Friday brief to the New Orleans-based 5th U.S Circuit Court of Appeals, the Labor Department made it clear it did not support the salary threshold developed under Obama. The department then told the court it was “reluctant” to move forward with the rulemaking necessary to set a new threshold as long as its authority was in question.

Nevada and the other states have said that the use of a salary threshold to determine overtime eligibility has been controversial for decades, but appeals courts allowed it because it had been set low enough to exempt management workers.

According to the states,  the Obama administration rule is far more drastic, expanding overtime pay to tens of thousands of state employees.

Under the Fair Labor Standards Act (FLSA), most employees must be paid at least minimum wage for regular work hours and receive overtime pay when total weekly hours reach more than 40. The state of Florida follows the overtime rules of the FLSA, time and one half regular pay rate for all hours worked in excess of 40 in a regular work week. Overtime can be calculated by taking your regular rate of pay and multiplying it by 1.5.

As it stands currently, job titles do not determine eligibility for overtime pay. Wages, duties and occupations decipher whether one can be paid overtime. Right now, any employee that makes a yearly salary of less than $23,600 can be awarded overtime pay. Non-management employees performing manual labor or repair, secretarial, kitchen or clerical work are usually entitled to collecting overtime pay. With several exceptions, all hourly paid employees should be entitled to overtime. Most commission-based workers can be awarded overtime as well. Salaried employees that earn less than $455 per week are entitled to overtime. Salaried employees that earn more than $455 per workweek can receive overtime unless their job duties earn them exemption like executive, professional, administrative, outside sales or computer-related occupations.

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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 federal judge has ruled that a lawsuit accusing the NFL and team owners of conspiring to suppress wages for cheerleaders lacks evidence to support that claim.

U.S. District Judge William Alsup dismissed the lawsuit by a former San Francisco 49ers cheerleader. The lawsuit sought class action status on behalf of all NFL cheerleaders.

The lawsuit was among a spate of legal actions in recent years accusing NFL teams of failing to pay cheerleaders for hours they spent practicing and making public appearances.

California legislation signed by Gov. Jerry Brown two years ago requires cheerleaders receive at least minimum wage and overtime and sick leave if they work for professional sports teams based in California.

The lawsuit before Alsup claimed that cheerleaders received only a flat, per-game fee. It also said the NFL and its teams conspired to prohibit cheerleaders from seeking employment with other professional cheerleading teams and from discussing their earnings with each other.

Alsup said he would expect at least some evidence to support a conspiracy on the scale alleged in the lawsuit — possibly a former NFL employee coming forward to “provide the details of ‘who, did what, to whom (or with whom), where, and when’ regarding some actual conspiratorial meeting, communication or agreement.”

The lawsuit, instead, alleges similar policies for cheerleaders among NFL teams, Alsup said. The judge said those policies could just as easily have been implemented by each team independently.

This case is certainly interesting. The cheerleaders allegedly only made about $100 per game and, in many cases, were not paid for mandatory public events or rehearsal time. In stark contrast, NFL players collectively earned $6.4 billion last year while NFL team mascots annually make between $25,000 and $60,000, often with benefits.

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