Feldman, Fox & Morgado represent clients in FLSA litigation. We bring extensive experience in overtime matters and a thorough knowledge of the Fair Labor Standards Act (FLSA). We represent plaintiffs seeking overtime and defendants wrongfully sued for overtime wages or who want to bring their company into compliance Plaintiffs - Employees denied overtime wages are not only entitled to the unpaid overtime wages, but also double the wages owed in addition to reasonable attorney's fees. Further, the law protects employees against any retaliation by the Employer for asserting his or her rights. Defendants or companies looking for compliance analysis - The law determines whether employees are entitled to overtime. Interpreting the law is best left to the attorneys and not the business or employer. Protect your financial well being and company health. At Feldman, Fox & Morgado, P.A., we work to analyze your case based on the facts and the FLSA. For more information or to schedule an appointment with an experienced lawyer regarding labor laws applying to overtime requirements, please submit the basic facts in our case evaluation link to have your case reviewed. What is the Fair Labor Standards Act The FLSA (Fair Labor Standards Act) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek. Who is Covered All employees of certain enterprises having workers engaged in interstate commerce, producing goods for interstate commerce, or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person, are covered by FLSA. A covered enterprise is the related activities performed through unified operation or common control by any person or persons for a common business purpose and - 1. whose annual gross volume of sales made or business done is not less than $500,000 (exclusive of excise taxes at the retail level that are separately stated); or 2. is engaged in the operation of a hospital, an institution primarily engaged in the care of the sick, the aged, or the mentally ill who reside on the premises; a school for mentally or physically disabled or gifted children; a preschool, an elementary or secondary school, or an institution of higher education (whether operated for profit or not for profit); or 3. is an activity of a public agency. Is there a Statute of Limitations ? The law provides a statute of limitations on overtime wages of up to 2 years, and in some instances 3 years for willful violations. Can the case be a class or collective action? One employee can bring a class action for overtime wages on behalf of all employees similarly situated. The law on "collective actions" is complex under the FLSA. We have the experience necessary to handle these cases. Exemptions from both Minimum Wage and Overtime Pay - Executive, administrative, and professional employees (including teachers and academic administrative personnel in elementary and secondary schools), outside sales persons, and persons in certain computer-related occupations (as defined in Department of Labor regulations);
- Employees of certain seasonal amusement or recreational establishments, employees of certain small newspapers, switchboard operators of small telephone companies, seamen employed on foreign vessels, and employees engaged in fishing operations;
- 3. Farm workers employed by anyone who used no more than 500 "man-days" of farm labor in any calendar quarter of the preceding calendar year;
- 4. Casual babysitters and persons employed as companions to the elderly or infirm.
Exemptions From Overtime Pay Provisions Only - Certain highly-paid commissioned employees of retail or service establishments; auto, truck, trailer, farm implement, boat, or aircraft salesworkers, or parts-clerks and mechanics servicing autos, trucks, or farm implements, and who are employed by non-manufacturing establishments primarily engaged in selling these items to ultimate purchasers;
- Employees of railroads and air carriers, taxi drivers, certain employees of motor carriers, seamen on American vessels, and local delivery employees paid on approved trip rate plans;
- Announcers, news editors, and chief engineers of certain non-metropolitan broadcasting stations;
- Domestic service workers residing in the employers' residences;
- Employees of motion picture theaters; and
- Farmworkers.
Partial Exemptions From Overtime Pay - Partial overtime pay exemptions apply to employees engaged in certain operations on agricultural commodities and employees of certain bulk petroleum distributors.
- Hospitals and residential care establishments may adopt, by agreement with their employees, a 14-day work period in lieu of the usual 7-day workweek, if the employees are paid at least time and one-half their regular rates for hours worked over 8 in a day or 80 in a 14-day work period, whichever is the greater number of overtime hours.
- Employees who lack a high school diploma, or who have not attained the educational level of the 8th grade, can be required to spend up to 10 hours in a workweek engaged in remedial reading or training in other basic skills without receiving time and one-half overtime pay for these hours. However, the employees must receive their normal wages for hours spent in such training and the training must not be job specific.
Recordkeeping The FLSA requires employers to keep records on wages, hours, and other items, as specified in Department of Labor recordkeeping regulations. Most of the information is of the kind generally maintained by employers in ordinary business practice and in compliance with other laws and regulations. The records do not have to be kept in any particular form and time clocks need not be used. With respect to an employee subject to both minimum wage and overtime pay provisions; the following records must be kept: - personal information, including employee's name, home address, occupation, sex, and birth date (if under 19 years of age);
- hour and day when workweek begins;
- total hours worked each workday and each workweek;
- total daily or weekly straight-time earnings;
- regular hourly pay rate for any week when overtime is worked;
- total overtime pay for the workweek;
- deductions from or additions to wages;
- total wages paid each pay period; and
- date of payment and pay period covered.
Records required for exempt employees differ from those for nonexempt workers, and special information is required for homeworkers, for employees working under uncommon pay arrangements, for employees to whom lodging or other facilities are furnished, or for employees receiving remedial education. The Law Decides Whether an Employee is Entitled to Overtime Wages Assuming that salaried employees are exempt under the FLSA from overtime wages may cost the business substantial sums of money in the form of double the overtime wages at issue as liquidated damages, plus payment of attorney's fees. At Feldman, Fox & Morgado, P.A., we get to the facts and merits of any overtime claim. It is illegal for any Employer to retaliate against a current employee for pursuing overtime wages or use coercive tactics to prevent the filing of a claim for overtime wages. Consult us for legal strategies and analysis of any overtime wage claim. Overtime Law Attorneys Representing So-Called "Managers" At the Florida law firm of Feldman, Fox & Morgado, P.A., we have represent many clients in cases involving employees who were "promoted" to being a manager in name only. Promoting or elevating an employee to the level or name of a manager is not a determinative basis of whether the employee is entitled to overtime compensation under the FLSA. If the manager's responsibilities are not truly management in nature, that employee may be entitled to overtime compensation. Terms Used in FLSA Workweek -- A workweek is a period of 168 hours during 7 consecutive 24-hour periods. It may begin on any day of the week and any hour of the day established by the employer. Generally, for purposes of minimum wage and overtime payment each workweek stands alone; there can be no averaging of 2 or more workweeks. Employee coverage, compliance with wage payment requirements, and the application of most exemptions are determined on a workweek basis. Hours Worked -- Covered employees must be paid for all hours worked in a workweek. In general, "hours worked" includes all time an employee must be on duty, or on the employer's premises or at any other prescribed place of work. Also included is any additional time the employee is suffered or permitted to work. |
