Articles Posted in Unpaid Overtime

A Panama City Beach resort and restaurant group has been ordered to pay $60,000 in back wages and fines after federal investigators determined that they cheated their employees.

After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), By The Sea Resorts Inc. – based in Panama City Beach, Florida – will pay $38,513 in back wages to 78 guest workers for violating overtime requirements of the Fair Labor Standards Act (FLSA) and labor provisions of the H-2B visa program.

In total, $7,304 in back wages were found as a result of FLSA violations, while $31,209 in back wages were found for H-2B violations. By The Sea Resorts Inc. also paid a civil penalty of $12,695.

A roofing contracting company based in Thonotosassa, Florida has paid $265,001 in back wages to 67 employees after a U.S. Department of Labor’s Wage and Hour Division (WHD) investigation found the employer violated overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

The employer also paid $17,753 in civil money penalties for repeat violations.

WHD investigators found the roofing contracting company paid employees a piece rate without regard to the number of hours they actually worked. This practice resulted in violations when employees worked more than 40 hours in a workweek, but the employer failed to pay them overtime in addition to their piece rates.

WHD also cited recordkeeping violations when the employer failed to maintain daily and weekly records of the number of hours employees worked.

If your employer is denying your overtime pay or if you work more than 40 hours in a workweek and do not see overtime on your paycheck, our Florida Unpaid Overtime Attorneys at Whittel & Melton can help you recover every penny you have worked for and deserve.

When you work more than 40 hours in a workweek, federal law mandates that you should be compensated at the rate of one and half times your hourly wage. Employees cannot be required to work more than 40 hours in a single week without additional compensation.

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After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Crown Linen LLC – based in Orlando, Florida – will pay $60,863 in back wages to 15 employees for violations of the overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

WHD investigators found that the employer incorrectly considered two groups of employees as exempt from the overtime requirements as managers under the FLSA. This misapplication of the exemption resulted in the employer paying overtime-eligible employees flat weekly salaries with no regard to the number of hours they worked.

This practice resulted in violations when these employees worked more than 40 hours per week and were not paid overtime. Additionally, the employer paid other employees straight time instead of overtime when they worked over 40 hours in a workweek.

The employer also failed to maintain required records of the number of hours employees worked.

How your employer classifies you matters a tremendous deal to your income. If you have been lumped into a managerial position you will lose out on certain benefits that other workers receive, including overtime pay. The law is crystal clear about who should be tited a manager, so if you are worried that your employer has classified you as a manager in error, you may be entitled to financial compensation for back pay and overtime wages.

Our Orlando Employment Attorneys at Whittel & Melton are committed to protecting the rights of employees. We can help determine if a misclassification has occurred in your case and explore your options going forward.

Under federal law, certain qualifications must be met in order for an employee to be considered a manager, including:

  • A guaranteed weekly salary of $455 per week
  • No pay reductions based on the quality or quantity of work in any given week
  • No pay deductions for normal business losses
  • Managers must be responsible for directing the work of at least two employees
  • Managers must be allowed to weigh in on hiring/firing decisions

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After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Paradise Villa Retirement Home Inc. – operator of five South Florida assisted living facilities – has paid $103,389 in back wages to 20 employees for violating minimum wage, overtime, and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

WHD investigators concluded that Paradise Villa Retirement Home Inc. inaccurately classified caregivers as independent contractors rather than employees and paid them flat rates per day without regard to the number of hours they actually worked.

This practice resulted in minimum wage violations when those flat rates failed to cover all the hours employees worked at the federal minimum wage of $7.25 per hour. Overtime violations resulted when employees worked more than 40 hours in a workweek but were paid only their flat rates with no overtime.

WHD also cited recordkeeping violations when the employer failed to maintain records of the number of hours employees worked.

Misclassifying workers as independent contractors is a very common practice in the workplace. While illegal, some employees elect to engage in these wage theft practices to evade their responsibility to pay workers their legally required wages and benefits.

Is your employer violating your labor rights by misclassifying your job? If your employer is treating you like an independent contractor instead of an employee, our Florida Employment Attorneys at Whittel & Melton may be able to help.

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El Grande Supermarket in Tampa will pay $198,039 in back pay and damages after demonstrating great diversity in ways of violating federal pay rules, the U.S. Department of Labor announced.

That money will go to 17 workers, each worker receiving an average of $11,649.35.

The supermarket run got caught with violations in:

▪ Minimum wage: The Department of Labor said El Grande paid one person a flat salary, then watched as that person worked so many hours, the hourly rate didn’t even reach the federal minimum wage of $7.25 per hour.

▪ Overtime: The store paid some overtime-eligible people straight time.

▪ Keeping track of pay: The store failed to record cash payments made to workers, and failed to maintain other required payroll records.

As an employee, you have the right to a fair wage as defined by state and federal law. You may also be entitled to overtime pay. If you are concerned that your employer is not paying you the correct amount, or refusing to pay you proper wages, our Tampa Unpaid Wage and Overtime Attorneys at Whittel & Melton can help. Our firm assists employees throughout the Tampa Bay area enforce their right to a fair wage.

As of Jan. 1, 2019, Florida minimum wage is $8.46 an hour. Tipped workers should be paid $5.44 an hour. In regards to overtime pay, all Florida workers must be paid overtime pay of time and a half for any hours worked over 40 during a workweek.

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Employees have filed a class-action lawsuit against Baycare Health System Inc., a Florida hospital, citing alleged unpaid wages, retaliation and violations of the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA) and the Florida Workers’ Compensation Act (FWCA).

A woman filed a complaint on behalf of herself and all others similarly situated on May 17, 2018, in the Pinellas Circuit Court against Baycare Health System Inc. alleging that it failed to compensate employees with proper wages and benefits.

According to the complaint, the plaintiffs allege that the woman and other similarly situated individuals have suffered irreparable injury and monetary damages as a result of the defendant’s discriminatory practices of interfering with their rights to FMLA and to compensation at the statutory rate of one-and-a-half times their regular rate of pay for overtime hours worked.

The hospital allegedly failed to pay employees an overtime premium for all of the overtime hours that they worked, failed to accurately record, report, and/or preserve records of hours worked by its employees, and failed to offer employees FMLA or otherwise notify them of their rights under FMLA.

The plaintiffs request a trial by jury and seek judgment against defendant for compensation for lost wages, benefits and other remuneration, reinstatement to a prior position with back pay plus interest, pension rights and all benefits, front pay, liquidated damages, interest, costs, attorney’s fees, and further relief as the court may deem just.

Under FMLA, eligible employees may take up to twelve weeks of unpaid leave during any 12 month period, for any of four general reasons:

  1. Birth and care of a newborn child
  2. Adoption placement
  3. Care for an immediate family member (spouse, parent, or child) with a serious health condition
  4. Personal medical leave because the employee is unable to work due to a serious health condition

There are further stipulations outlined under FMLA. In order to be eligible for FMLA leave, an employee must have been employed by the employer for at least 12 months and at least 1,250 hours during the twelve months immediately preceding the leave. Moreover, the employee must work at a site where there are at least fifty employees within seventy-five miles.

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A Miami Beach medical transport company is accused again of shorting workers on overtime pay. This time, it cost them $222,059 in back pay.

The company paid 53 employees an average of $4,189.79 after the U.S. Department of Labor’s Wage and Hour Division found that the company has a problem obeying some parts of the Fair Labor Standards Act.

“(Wage and Hour) investigators determined that Miami Beach Medical Transport LLC failed to pay drivers for time they spent working from home confirming appointments with patients for the following day’s route,” the Department of Labor said in a Wednesday release. “The employer also automatically deducted 30 minutes from employees’ timecards for lunch each day, whether or not employees were actually able to take those breaks.”

A Miami Beach Medical Group employee named filed an unpaid overtime lawsuit in 2012. The suit was dismissed without prejudice in February 2013 for failure to prosecute.

A similar lawsuit was filed by a driver in 2017. The July 11, 2017 settlement says Miami Beach Medical Transport officially denies all of the man’s claims. However, the company paid the man $1,775 to cover his unpaid wages, $2,225 in damages, and $3,500 for Diaz’s attorney’s fees.

The Fair Labor Standards Act has set forth strict standards for employers. If your employer has not paid you in compliance with overtime or minimum wage laws, you are entitled to pursue an unpaid wage claim. Our South Florida Unpaid Overtime Attorneys at Whittel & Melton know you work hard for your money, which is why we have a passion for representing clients against large companies and organizations recover what they rightfully deserve. The law has the power to hold anyone accountable for their wrongful actions, and we want to help you fight for what you are owed.

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A man who worked as Donald Trump’s personal driver for a quarter of a century filed suit against the president’s company on Monday.

He says he wasn’t paid for thousands of hours of overtime.

The man, who served as Trump’s personal driver for more than 25 years and gave up the responsibility after the Secret Service took on the role in 2016, said he was owed overtime wages for about 3,300 hours of driving over the past six years.

Over a 25-year period, the man says he worked 50 to 55 hours a week and earned a base salary but was never paid overtime for the time he worked beyond 40 hours per week.

The suit lists the Trump Organization as a defendant but not Trump himself.

If you are not being paid for all overtime worked in excess of 40 hours in a workweek, your employer may be violating the Fair Labor Standard Act. Federal law requires employees who have worked over 40 hours in a week to receive one and a half times their normal pay rate. Moreover, if your employer knowingly refuses to pay you overtime wages, you are entitled to the amount owed to you. You could also recover additional funds such as liquidated damages and attorneys’ fees.

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A former employee is suing The Transition House Inc., alleging they failed to pay overtime, a violation of the Fair Labor Standards Act (FLSA).

The woman filed a complaint May 9 in the Pinellas Circuit Court against The Transition House alleging that the Florida company failed its duty to pay employees for all hours worked.

According to the complaint, the woman says that she has suffered lost earnings from the company’s wrongful practice of denying her with earned wages for all overtime hours worked and for all meal breaks not taken.

She holds The Transition House responsible because they allegedly failed to properly apprise its employees of their rights under the FLSA, failed to keep or provide an accurate record of its employees’ hours worked, and failed to compensate its employees of overtime wages.

The FLSA clearly states that overtime pay entitles workers to one and a half times their regular hourly rate for each hour they work beyond their regular 40 hours in a week. Despite this fact, many employers refuse to pay their employees their rightfully earned overtime wages. These illegal business practices are unacceptable, and our Pinellas County Unpaid Overtime Attorneys at Whittel & Melton can help you recover what is rightfully yours.

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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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