Tag Archives: Florida unpaid overtime lawyer

How does the FLSA apply to Employees of Hotel and Motel Establishments?

What are the typical services provided by hotels or motels? Their  primary function is to provide lodging facilities to the general public. In addition, most hotels or motels provide food to guests and many sell alcoholic beverages. These establishments may also earn revenue from other activities such as valet services offering cleaning and laundering of garments for guests, news stands, and renting out rooms for meetings, lectures, trade exhibits, and weddings.

What are the two methods for applying coverage of  the FLSA to employees of hotels or motels?

A)  The “enterprise” basis of coverage provides that if the employer’s annual dollar volume of sales or business is $500,000 or more, whether from only a single establishment or from an enterprise with multiple establishments, and the employer has at least two employees engaged in commerce or in the production of goods for commerce or handling such goods, all employees of the enterprise are covered by the FLSA.

B)  The FLSA also provides an “individual employee” basis of coverage that applies even if the annual volume of sales or business is less than $500,000. Employees may still be covered if they individually engage in interstate commerce or produce goods for interstate commerce. Interstate commerce includes such activities as transacting business across state lines via interstate telephone calls or the U. S. Mail, ordering or receiving goods from an out-of-state supplier, or handling the accounting or bookkeeping for such activities. It would also include handling credit card transactions that involve the interstate banking and finance systems.

What are the requirements of the FLSA for typical hotel or motel employees?

A)   What is the Minimum Wage? Covered nonexempt workers must be paid at least the minimum wage of $7.25 per hour effective July 24, 2009. Wages are due on the regular payday for the pay period covered.

B) What deductions are allowed? Deductions from wages for items such as required uniforms are illegal if they reduce the employee’s wages below the minimum wage or cut into any overtime pay.

C)   May tips be included as part of wages?   Tips may be included as part of wages for employees who regularly receive more than $30 a month in tips. However, the employer must pay at least $2.13 an hour in direct wages to tipped employees and make sure that the amount of tips actually received by tipped employees is enough to meet the remainder of the minimum wage (or otherwise pay the difference in wages).

D) Must overtime be paid?  Overtime must be paid at not less than one and one-half times the employee’s regular rate of pay for each hour worked in excess of 40 a week. A tipped employee’s regular rate for overtime purposes must include the amount of tip credit claimed by the employer, plus the reasonable cost or fair value of any facilities furnished to the employee as allowed by the FLSA (such as the cost of meals), and the cash wages including any commissions and certain bonuses paid by the employer.

What are the FLSA requirements for tipped employees?

 Tipped employees are those who customarily and regularly receive more than $30 a month in tips. If the employer elects to claim a tip credit, the employer must inform employees in advance, advise them of the amount of tip credit to be claimed, and pay them at least the applicable minimum wage when wages and tips are combined. Also, employees must retain all of their tips, except to the extent that they participate in a valid tip pooling or sharing arrangement.

What are the youth minimum wage requirements of the FLSA?

 Employers may pay a youth minimum wage of not less that $4.25 an hour to employees under 20 years old during the first 90 consecutive calendar days after initial employment by their employer. The law contains certain prohibitions against employers displacing any employee in order to hire someone at the youth minimum wage.

What are the youth employment requirements of the FLSA?

 The FLSA child labor regulations forbid the employment of minors under age 14 in non-agricultural jobs, restrict the hours of work and limit the occupations for 14- and 15-year olds, and forbid the employment of minors under age 18 in hazardous occupations.

What records does the FLSA require the employer to keep?

The FLSA requires employers to keep records of wages, hours, and other items, as specified in the record keeping regulations, 29 CFR Part 516.

What are the exemptions under the FLSA?

Section 13(a)(1) of the FLSA exempts bona fide executive, administrative, professional, and outside sales employees from the minimum wage and overtime pay requirements of the FLSA, if they meet certain tests regarding their job duties and responsibilities and are compensated “on a salary basis” at not less than stated amounts. Further information concerning these exemptions can be found in Regulations, 29 CFR Part 541.

What are some typical problems causing non-compliance?

* Employees placed on salary and classified as exempt without regard to the duties performed.

* Failure to maintain records of, or pay overtime to, non-exempt salaried employees.

* Failure to record and pay employees for all hours suffered or permitted to be worked.

* Illegal deductions from pay for items like cash register shortages, uniforms, errors, bad checks, etc.

* Failure to pay the correct overtime rate to tipped employees, or failure to pay the correct overtime rate that includes all service charges, commissions, bonuses and all other remuneration.

* Tips not sufficient to make up the difference between the employer’s direct wage obligation and the minimum wage; employees receiving tips only; and sharing a portion of tipped employees’ tips with employees who are not eligible because they do not normally receive tips.

* Paying straight time for hours worked beyond 40 per week instead of required overtime pay, or averaging the number of hours worked over two or more weeks to avoid overtime pay.

* Failure to pay minimum wage/overtime to temporary help or employee leasing firm workers who are jointly employed by the hotel.

Our firm will prosecute class  and collective actions on behalf of aggrieved employees. We will undertake any litigation arising from this investigation on a contingent fee basis. If a lawsuit is filed as a result of this investigation, we will only seek payment of any fees from recovery generated by the lawsuit. This means any fee we receive will be paid by the defendant or out of any settlement or judgment recovered.  Likewise, all costs will be advanced by us. If an action is filed and not successful, you would not be responsible for any of our fees or costs. If you wish to discuss this investigation and any potential legal options you may have, or if you have any questions please contact our law office.

You may contact the Law Offices of Rose H. Robbins for a free consultation to see if you have a case for unpaid overtime or minimum wages by calling (954) 946-8130 or by filling out the confidential “contact us” form below which will arrive at our law offices instantly. You may email us too: rose (at) roserobbins.com   If our office decides to accept your case and we enter into a written, signed retainer agreement you will not have to pay anything unless we win your case. Appointments are available at various locations in Palm Beach, Broward and Miami-Dade Counties.

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Filed under Back wages, FLSA, Overtime

Florida Subway Franchisee Ordered To Pay Over $11,000 In Back Wages And Damages To Restaurant Workers For Failure To Pay For Mandatory Training Courses

Solis v. Franchise Equity Group, Inc.

Case No. 8:12-cv-00527-RAL-EAJ

2012

A Subway eatery franchisee with 29 locations in the Tampa Bay area has been ordered to pay 122 employees a total of $7,536 in minimum back wages plus $3,768 in liquidated damages by Judge Richard Lazzara of the U.S. District Court for the Middle District of Florida, Tampa Division. The judgment resolves a lawsuit filed by the U.S. Department of Labor against Franchise Equity Group Inc., doing business as MacSub, which followed an investigation by the department’s Wage and Hour Division that found violations of the Fair Labor Standards Act’s minimum wage provisions.

Employees included in the judgment were not paid for work hours spent taking Subway “Sandwich Artist Certification” training courses, which resulted in the minimum wage violations.

If you are currently employed in a franchise restaurant and have attended your employer’s mandatory training sessions without being paid for your time you should consult a labor  attorney to evaluate your potential case.

This post is intended to provide you with information about overtime and wage cases filed throughout the country by other law firms and the government. It serves to give you an idea of the types of issues which are currently being litigated by employment lawyers as well as those which have been “settled.”

As a courtesy to you, we are providing the court name, case number and date filed to facilitate your search for it on the federal PACER website. Current information regarding case status, parties and attorneys is available on PACER to anyone who opens an account with them.

Please also note that some cases we report on were initiated by the Department of Labor and then settled  without having been filed in Federal Court and thus will not be available on the PACER website. For these cases we generally provide a brief summary of the findings and results.

Please feel free to complete the form below for submission to our law firm if you would like more information about your possible employment claim.  A representative will review it and  contact you. Please allow one  business day for someone to contact you and if you do not hear back from us then  it is possible that we did not receive it. This is a FREE consultation and you will not be charged for this call. Also please be advised that, merely by submitting this form, no Attorney-Client relationship is formed with the law firm.  The ONLY way that an Attorney-Client relationship with  the Law Office of Rose H. Robbins is formed is by specifically written  agreement signed by you and the Law Office of Rose H. Robbins.  You must provide your name,  home  or cell phone number and your zip code and all remaining fields are optional.

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Filed under FLSA, Overtime

Illegal alien workers can sue for unpaid overtime pay says Court

The Department of Labor sued a nail care and  salon  located on  Manhattan’s Upper West Side for failing to pay their workers overtime wages for hours worked in excess of 40 per week. The company sought to use the fact that  Its employees were illegal aliens to show that they were not covered by the Fair Labor Standards Act. The Court ruled that FLSA applies to “any individual” employee and contains no exception or exclusion for persons who are not U.S. citizens or who are in this country illegally. Furthermore, this is not new and other courts have uniformly come to the same conclusion. In addition, the purpose of this view is to prevent the payment of substandard wages from being used as “an unfair method of competition” against law-abiding competitors. 20 U.S.C. § 202(a)(3).  Solis-v.-Cindys-Total-Care-Order

These kinds of lawsuits may also be brought by a private law firm such as the Law Office of Rose H. Robbins and FLSA provides for attorneys fees and costs to be paid by the employer.

Our firm will prosecute class  and collective actions on behalf of aggrieved employees. We will undertake any litigation arising from this investigation on a contingent fee basis. If a lawsuit is filed as a result of this investigation, we will only seek payment of any fees from recovery generated by the lawsuit. This means any fee we receive will be paid by the defendant or out of any settlement or judgment recovered.  Likewise, all costs will be advanced by us. If an action is filed and not successful, you would not be responsible for any of our fees or costs. If you wish to discuss this investigation and any potential legal options you may have, or if you have any questions please contact our law office.

You may contact the Law Offices of Rose H. Robbins for a free consultation to see if you have a case for unpaid overtime or minimum wages by calling (954) 946-8130 or by filling out the confidential “contact us” form below which will arrive at our law offices instantly. You may email us too: rose (at) roserobbins.com   If our office decides to accept your case and we enter into a written, signed retainer agreement you will not have to pay anything unless we win your case. Appointments are available at various locations in Palm Beach, Broward and Miami-Dade Counties.

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Filed under Overtime, Undocumented Workers