Recent cases

Licensed Practical Nurse paid salary recovers $12,000 in unpaid overtime

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 under 2 months after filing suit, Robert S. Norell was able to negotiate a settlement with the doctor that compensated the client for all of her unpaid overtime, an equal amount for liquidated damages, and a separate amount for her reasonable attorney’s fees and costs.

Beauty 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 generally exempt.  Because the store manager was a “one woman show,” the company was not able to argue that she was exempt under the executive exemption. Instead, the company argued that the administrative exemption applied, however, it was clear that the store manager’s primary duty was to sell beauty supplies, merchandise the products, unload trucks, and otherwise run the store. These types of duties fall outside the administrative exemption.  As store manager, she was required to attend several meetings and stay after hours, without any additional pay. She got fed up with having to work so many hours and consulted with Robert S. Norell, P.A. to see if there was anything she could do.   Robert S. Norell, P.A. took her case and successfully negotiated a settlement with the company that compensated her for her unpaid overtime, plus an equal amount for liquidated damages, and paid all of her reasonable attorney’s fees and costs.

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 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 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.