Fair Labor Standards Act
Florida Voters Approve a $15 Florida Minimum Wage
Florida voters approved an amendment to the Florida Constitution that will gradually increase the Florida minimum wage over the next six years. At the time of passage, the Florida minimum wage was $8.56. Florida’s minimum wage will increase to $10 in September 2021, and then will increase $1 per year until it reaches $15 in 2026. After the minimum wage reaches $15 per hour, it will be adjusted annually for inflation. Florida joins eight other states where the minimum wage…
Read MoreFlorida Restaurant Industry Wage Violations Are Common
Tip theft, minimum wage, and overtime violations are common in the restaurant industry according to a recent investigation by the U.S. Department of Labor. The Sun-Sentinel interviewed attorney Peter Bober of Bober & Bober, P.A. about wage violations involving restaurant industry employees. To learn more about the ways that restaurant employers violate the wage laws, read the article below. https://www.sun-sentinel.com/business/fl-bz-ways-that-restaurants-cheat-their-workers-20190816-aiooy2g7gnb3rmog2yjir6bemq-story.html
Read MoreUnpaid Wages of Resident Motel Managers
Innkeepers, motel managers, hotel managers, recreational vehicle (RV) campground managers, “work campers,” and property managers who live on the property they also manage frequently are paid less than the minimum wage and denied overtime pay. Motel, hotel, and RV campground owners often employ individuals or couples to manage small properties and provide a “free” room or “lot rent.” Often, however, the free lodging benefits the owner, allowing the owner to have an employee on call onsite, a is not primarily provided for the…
Read MoreIllegal Restaurant Tip Pools
Many restaurants operate tip pools where a number employees, such as food runners and bussers, share in server or bartender tips. Tip pools can be legal, but sometimes restaurants illegally include back-of-the-house employees such as cooks, dishwashers, and janitors. Even bar backs who have insufficient customer interaction may be improperly included in bartender tips. Some restaurants also illegally allow The Fair Labor Standards Act prohibits this type of tip theft, and provides protections for server and bartender tips. If you…
Read MoreCourt Rules That Prior Salary History Cannot Justify Paying a Woman Less
The fight for wage equality has advanced thanks to a recent court opinion, Rizo v. Fresno County Office of Education, which held that “prior salary alone or in combination with other factors cannot justify a wage differential.” The math consultant who brought the court case argued that considering prior compensation when setting a worker’s pay perpetuates gender differences and is in conflict with the Equal Pay Act. According to Pew Research Center study on median hourly wages, women earn on…
Read MoreOvertime Wage Protection Expanded
The United States Department of Labor (DOL) has finalized a new overtime wage rule that requires employers to pay overtime wages to employees making less than $913 per week or $47,476 per year. Employers would have to pay such employees time-and-a-half their regular hourly rate for any hours worked over forty (40) in a week. In determining if an employee’s salary meets the $47,476 threshold amount, employers can inlcude bonuses and incentive payments such as commissions, up to 10% of…
Read MoreExpanded Overtime Wage Protection
Under a new United States Department of Labor (DOL) proposal to expand overtime wage protection, anyone making an annual salary of less than $50,440 automatically would be guaranteed overtime pay for hours worked over forty in a workweek. The overtime law requires covered employees to be paid time and one-half their regular rate for hours worked over forty in a workweek. This expanded overtime wage protection is a significant increase from the prior yearly salary threshold of $23,660, (which is…
Read MoreManicure Industry Wage Theft
Many nail salons commit wage theft violations by not paying manicurist at least the minimum wage for hours worked, and by making illegal deductions from customer tips or wages. (“The Price of Nails” New York Times, 5/7/15). Manicure industry wage theft is common. For example, nail salons often do not pay newly hired manicurists the required minimum wages for work. While nail salon workers are usually considered “tipped employees” and paid a reduced minimum wage, salon owners often fail to make…
Read MoreExotic Dancers Win Minimum Wage Lawsuit
A court has determined that exotic dancers who performed at Rick’s Cabaret, an adult nightclub in New York, were employees covered by federal and state wage laws. A class action consisting of strippers sued the night club where they worked for unpaid minimum wages under the Fair Labor Standards Act (FLSA) and New York wage laws. The gentlemen’s club did not pay the dancers any wages, took a portion of the dancers’ performance fees, and imposed fines if the dancers…
Read MorePrepaid Wage Cards May Violate Wage Laws
An increasing number of mostly hourly workers are being paid their wages by prepaid cards instead of by check or direct deposit. Employees are able to use these prepaid cards like debit cards to withdraw their pay at an A.T.M. But in most cases, using these prepaid cards requires the employee to pay a fee. For example, prepaid payroll card providers may charge a fee to make a withdrawal at an A.T.M., a fee to receive a paper statement, a…
Read MoreUnpaid Internships May Violate Wage Laws
Employers are not allowed to refuse to pay minimum wages and overtime merely because they label workers as “interns.” While an unpaid internship can provide a valuable experience for some people, it also may result in a wage violation for an employer. An example of internship wage violations is a lawsuit brought by unpaid interns alleging overtime and minimum wage violations committed by Fox Searchlight regarding the interns’ work on the film Black Swan. In determining whether an internship may…
Read MoreStudy Finds Growing Wage Theft Problem in Florida
A study by the Research Institute on Social and Economic Policy, Center for Labor Research and Studies at Florida International University entitled “Wage Theft: An Economic Drain on Florida” found wage theft to be a growing and widespread problem in Florida. The Study found that the tourism industry (which includes the accommodation and food service industries), the retail trade industry, and construction industry were particularly impacted by wage theft. In a double blow to employees, the Study found that the…
Read More