This client worked as a licensed practical nurse for a medical doctor. She was paid a straight salary, but required to work through her lunch break and also required to stay until the last patient was seen by the doctor. She was paid a salary that was based on 40 hours per week. In just
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Florida’s Minimum Wage Increased to $7.31 per hour
Effective June 1, 2011, the Florida minimum wage was increased from $7.25 to $7.31 per hour. Florida’s minimum wage law requires the Agency for Workforce Innovation to calculate an adjusted minimum wage rate each year. This year there is only a $.06 increase. The minimum wage applies to all employees in the state who are
» Continue ReadingKeeping track of wages: The US Labor Department has an app for that!
The following is a May 9, 2011 news release from the Department of Labor, Wage and Hour Division. I think this is a great tool for all employees who may have pay issues with their employers. Whether you use this “app” or any other system to document your hours, it’s always a good idea to
» Continue ReadingBeauty supply store manager recovers over $15,000 in unpaid overtime.
A store manager for a national beauty supply chain was paid a salary, but did not supervise at least 2 full time employees. In fact, the store manager was the only employee of the store. The company assumed that the store manager was exempt because it paid her a salary and because most managers are
» Continue ReadingAdmissions Counselor for Private University recovered over $25,000 for retaliation claim.
Admissions counselor was paid on based on a fluctuating work week, which resulted in her getting paid less the more hours that she worked. The fluctuating work week method of pay results in a worker receiving 1/2 time pay instead of full time and a half. She didn’t understand the way she was getting paid
» Continue ReadingLoan Officer for mortgage brokerage wins overtime judgment for $30,000.
A loan officer who worked for a mortgage brokerage in West Palm Beach was awarded $30,000 in unpaid overtime. The loan officer was paid commission only for all of her work, despite the fact that she worked approximately 48-50 hours per week. The mortgage brokerage incorrectly assumed that, since the loan officer was paid commissions
» Continue ReadingThree Nurses recovered over $100,000 in overtime.
Three LPNs who worked for a national nurse staffing company worked 70-80 hours weekly, but only received their straight hourly rate. The staffing agency incorrectly assumed that LPNs were exempt from overtime. Generally speaking, the only nurses who can be exempt from overtime are Registered Nurses (RNs). After a brief period of litigation, the staffing
» Continue ReadingDispatchers for transportation company paid salary for 48 hour work week.
Two dispatchers were paid a salary and required to work 48+ hours per week without receiving overtime compensation. The company classified the dispatchers as “exempt” and failed to pay them any overtime. Robert S. Norell, P.A. filed suit against the company on behalf of the dispatchers alleging that the company misclassified the dispatchers as exempt
» Continue ReadingRestaurant Waiters and Overtime Law
I recently met a waiter who works for a major seafood restaurant chain here in Florida. Ross has been with his current employer (I don’t want to reveal the true name of this well-known restaurant, so we’ll call it ”The Crusty Crab” or “The Crab” for short) for over 4 years and is one of the top waiters. For the past 4 years, Ross has earned approximately $100k annually, even though he admitted to me that he only reports less than half of that. Ross works 6 and 7 days a week…he even bragged to me about not having a day off
» Continue ReadingRecent trends in overtime litigation
The housing industry is upside down. There have been so many homes built by the builders that it has resulted in real estate values tumbling. This has resulted in the mortgage companies losing a lot of business as well. Look at the Countrywide debacle. Countrywide was recently purchased (bailed out) by Bank of America. Countrywide and many other mortgage companies sold a lot of sub prime mortgages with adjustable rates and 3 or 5 year balloon payments. We are now seeing the effect of this with the foreclosure industry booming.
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