INDUSTRIES

Salary Alone Does Not Determine Exemption From Overtime Pay

Neither a job title or salary alone determines exempt status from overtime pay. The Fair Labor Standards Act (“FLSA”) requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek.

Call attorney Rose H. Robbins at (954) 946-8130 for a FREE  telephone consultation about your claim for minimum wage or unpaid overtime wage violations.

When does pay for compensable time become mandatory? For “white collar” employees, the FLSA does provide an exemption from both minimum wage and overtime pay for bona fide executive, administrative, professional and outside sales employee as well as certain computer employees.  To qualify for this exemption, employees generally must meet certain tests based on their job duties and be paid on a salary basis at not less than $455 per week.   The application of these tests to specific cases has been developed by the cases fought out in Courts. A Florida lawyer experienced in wage and hour litigation should analyze your particular job situation to find out if your FLSA rights have been violated and you are owed minimum or overtime wages.

However, these  “white collar” exemptions from overtime and minimum wages do not apply to manual laborers or other “blue collar” workers who perform work involving repetitive operations with their hands, physical skill and energy.  FLSA-covered, non-management employees in production, maintenance, construction and similar occupations such as carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers, longshoremen, construction workers and laborers are entitled to minimum wage and overtime premium pay under the FLSA, and generally are not exempt no matter how highly paid they might be.

Call attorney Rose H. Robbins at (954) 946-8130 for a FREE  telephone consultation about your claim for minimum wage or unpaid overtime wage violations. Or you can complete the simple form below for confidential submission to our office.  Please be advised that by merely submitting this form, no Attorney-Client relationship is formed with this law firm.   You must provide your name,  home or cell phone number, your email address and your zip code in the form.  We serve the following counties: Broward, Highlands, Indian River, Martin, Miami-Dade, Monroe, Okeechobee, Palm Beach, and St. Lucie

Ravago Americas LLC, an Orlando, Florida plastic recycler, pays $424,000 in back wages to 195 employees for FLSA overtime violations

WHD Investigation findings: Investigators from the U.S. Department of Labor’s Wage and Hour Division,  found that the employer violated overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

The employer paid workers fixed salaries, based upon a 40 hour workweek, without regard to how many hours they actually worked. When employees performed work before their shifts, after their shifts, during their meal breaks, and/or at home, those hours were neither recorded nor paid for. This practice created an overtime violation when the unpaid time pushed workers’ totals beyond 40 hours in a workweek, and no overtime premium was paid. The company also failed to maintain required time and payroll records.

Resolution: Ravago has signed an agreement with the Wage and Hour Division to:

  • Pay $424,537 in back wages to 195 employees and comply with the FLSA.
  • Install an accurate time-keeping system to capture daily start and end times of employees.
  • Include an accurate record of hours worked on pay stubs for all nonexempt personnel.
  • Perform enterprise-wide training with all managers and employees on proper clock in/out procedures on installed time-keeping system, employee rights regarding compensable and non-compensable time and proper procedures to correct inaccurate payroll caused by a time-keeping error.

If you feel that your employer has not compensated for the overtime hours you have worked you may call  (954) 948-8130  for a FREE strictly confidential consultation about your claim for violation of the minimum wage and/or unpaid overtime wage laws.  Or you can complete the simple form below for submission to us. 

Metro Diner in Jacksonville, Florida to pay $154,000 in back wages to 59 employees for FLSA violations of failure to pay minimum wage and overtime.

11/17/2016: An investigation by the U.S. Department of Labor’s Wage and Hour Division’s Jacksonville District Office found that Windy City Doc Holding LLC, doing business as Metro Diner, violated minimum wage and overtime provisions of the Fair Labor Standards Act.

sandwichSpecifically, the employer made illegal deductions from workers’ pay when it charged servers for their uniforms – that resulted in them earning less than the legally required federal minimum wage of $7.25 per hour in the weeks that they paid for those items.

The employer’s practice of sharing the tips of tipped employees with non-tipped workers, such as dishwashers, also contributed to the minimum wage violations for affected servers.

The employer also calculated overtime incorrectly when it based servers’ overtime rates on time and a half of their direct cash wages, rather than basing it on the full minimum wage, as required.

If you feel that your employer has not compensated for the overtime hours you have worked you may call  (954) 948-8130  for a FREE strictly confidential consultation about your claim for violation of the minimum wage and/or unpaid overtime wage laws.  Or you can complete the simple form below for submission to us.