Dispatchers 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 from overtime. After a close examination of the actual duties of the dispatchers, the company decided to settle the lawsuit. Robert S. Norell, P.A. obtained a significant settlement for the dispatchers to compensate them for not receiving overtime pay in accordance with the Fair Labor Standards Act.
Three Licensed Practical Nurses recovered over $100,000 in unpaid 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 agency entered into a settlement agreement and paid the LPNs all of their unpaid overtime, an equal amount for liquidated damages, and a separate amount to cover the LPNs reasonable attorney's fees and litigation costs.
Loan 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 only, it did not have to keep time records nor did it have to pay overtime. The mortgage brokerage argued that the loan officers were exempt outside salespeople. Robert S. Norell, P.A. successfully demonstrated that the loan officer's position was that of "inside sales," and not subject to the outside sales exemption. Although many loan officers make some sales outside of the office, most sales are consummated inside the office via the telephone, fax and internet (e-mails). The judge issued an order finding the mortgage brokerage to be in violation of the Fair Labor Standards Act and awarded the loan officer all of her unpaid overtime, plus an equal amount for liquidated (double) damages, and a separate amount for her reasonable attorney's fees and costs.
Admissions 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 because she believed she was entitled to full time and a half. She complained about the manner in which she was paid, and shortly thereafter, the university retaliated against her by placing her on a PIP (Performance Improvement Plan) and eventually terminated her employment. Robert S. Norell, P.A. successfully negotiated a settlement with the university that compensated the terminated admissions counselor for her lost wages and reasonable attorney's fees and costs.
Robert S. Norell, Esq. ROBERT S. NORELL, P.A. 7350 N.W. 5th Street Plantation, FL 33317 Tel.: (954) 617-6017 Fax: (954) 617-6018 E-Mail:
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Website: www.FloridaWageLaw.com
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Law Offices of Robert S. Norell, P.A 7350 N.W. 5th Street, Plantation, FL 33317 (954) 617.6017
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