Articles Posted in Unpaid Overtime

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 Steak and Shake, alleging violation of the Fair Labor Standards Act (FLSA).

The woman filed a complaint March 26 in the Pinellas Circuit Court against Steak and Shake Inc., also known as Steak and Shake Operations Inc., alleging failure to provide an employee her proper wages.

According to the complaint, the woman worked as a waitress/server at Steak and Shake in Pinellas County from August 2015 through Feb. 27, 2018. She says she has suffered monetary damages as a result of the restaurant’s wrongful conduct of utilizing the tip credit instead of paying her with regular minimum wage and also requiring her to perform labor after she had officially clocked out.

She alleges Steak and Shake Operations has failed, refused and/or neglected to keep accurate time records, and refuses to pay her the minimum wage rate of pay as required by FLSA, raw wages believed to be more than $2,250.

The FLSA governs the most basic interactions between employers and employees. The FLSA establishes a standard for minimum wage, overtime pay, and other labor laws. Employers can be in violation of the FLSA if they misclassify hourly employees as exempt, deny overtime, order employees to work after clocking out, allow managers to take from employees’ tips, alter time cards, or require employees to work more than forty hours per week.

Employees who work in restaurants where tips comprise a portion of the employees’ compensation are usually at higher risk when it comes to illegal employer behavior. Common violations include illegally docking time off cards, including managers in tip pools, deducting tips from paychecks, paying employees less than the minimum wage, and refusing to pay overtime.

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Two former employees are suing the Orlando Magic, alleging unpaid wages.

The two men filed a complaint Dec. 27 in Orange County Circuit Court against Orlando Magic, LTD, alleging violation of the Fair Labor Standards Act.

According to the complaint, in May 2017, the men were laid off as Magic employees. The suit says during their employment, they regularly worked in excess of 40 hours per week but failed to receive overtime pay at the rate of one and one-half times their regular rate of pay as required by the Fair Labor Standards Act.

The two men allege the Magic failed to pay overtime premiums for hours worked in excess of 40 per week, failed to maintain records of employees working hours in violation of the record keeping requirements of the FLSA and failed to compensate at a rate not less than one-half times the regular rate of pay for work performed in excess of 40 hours in a work week.

The two men are hoping to recover all unpaid overtime compensation along with an equal amount as liquidated damages of more than $15,000, attorney fees, court costs, and all other relief the court deems proper.

Federal law mandates that employees who have worked over 40 hours in a week must be paid one and a half times their normal pay rate. While there are exceptions to this law, employers often misunderstand or misapply the rules at the employee’s expense. If you are not being paid for overtime hours that you work, your employer may be violating the Fair Labor Standard Act. If this is the case, you may be entitled to the back pay owed to you as well as an additional amount of liquidated damages and attorney’s fees.

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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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