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 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.
Employers should not make the mistake of declaring all salaried employees as exempt employees under the FLSA for overtime wages. A business that interprets the FLSA on its own risks lawsuits for overtime wages by a few or up to a class action lawsuit. The risk of improper decision can cost the Employer double the amount of overtime wages owed as damages in addition to attorney's fees. Contact us immediately at 813-902-3186 to discuss any overtime wage case.
Restaurant/Bar Tipped Employees
Dual Job Tip Credit Violation
As per the Department of Labor Regulations, Fact Sheet #15 (revised March 2011), tipped employees should not be spending a substantial amount of time engaged in non-tipped producing activities such as cleaning and washing dishes. The DOL fact sheet suggests that spending 20% or more of the server or bartender's workweek engaged in such dual activities violates the tip credit provisions of the FLSA. Therefore, during this period of time, all such employees are entitled to recover the tip credit from the employer, plus double the amount in liquidated damages. Furthermore, a fine may be imposed.
If you are a tipped employee who spends 20% or more of your shift or workweek performing non-tipped activities such as cleaning, stocking, setting up tables etc., you may be entitled to compensation. Contact Feldman Morgado. We handle such cases in all states, no matter what location you are in.
Overtime Law Attorneys Representing So-Called "Managers"
At the Florida law firm of Feldman Morgado, P.A., we have represented 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.
Overtime Law Is on Your Side
We bring extensive experience in overtime matters and a thorough knowledge of the Fair Labor Standards Act (FLSA). 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.
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. The law provides a statute of limitations on overtime wages of up to 2 years, and in some instances 3 years for willful violations. 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.
At Feldman 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 contact one of our shareholders in one of our offices in Tampa, Ocala/Gainesville, Miami, Naples, Jacksonville, or Fort Lauderdale, Florida.
View Section IV: FLSA, Overtime, Past Due Wages, And Unemployment