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TED L. KUBALA, JR. v SUPREME PROD., (5th Cir. 2016) holds arbitration clause binding in FLSA action

“Ted Kubala brought a proposed Fair Labor Standards Act (“FLSA”) collective action against his employer, Supreme Production Services, Incorporated (“Supreme”). After the action was filed but, according to Supreme, before it had learned of the suit, the company announced a new policy requiring employees to arbitrate employment disputes, including FLSA claims. The agreement indicated that an employee’s continued employment was expressly conditioned on his acceptance of the terms of the agreement; it contained a “delegation clause” that assigned to the arbitrator the power to make gateway determinations as to the arbitrability of a specific claim.

Kubala continued employment and accepted payment for his work. The district court denied Supreme’s motion to dismiss or compel arbitration. Because the arbitration agreement is binding and contains a delegation clause transferring the power to decide threshold questions of arbitrability to the arbitrator, we reverse and remand and direct the district court to enter an order compelling arbitration.”

Click below to read the entire opinion:

IN THE UNITED STATES COURT OF APPEAL FOR THE FIFTH CIRCUIT
No. 15-41507
TED L. KUBALA, JR.,
Individually and on Behalf of All Other Similarly Situated,
Plaintiff-Appellee,
versus
SUPREME PRODUCTION SERVICES, INCORPORATED,
Defendant–Appellant.

IMG_3148If you feel that you have not been compensated for the hours you have worked you may call the law office for a FREE strictly confidential consultation about your claim for minimum wage or unpaid overtime wage violations at: (954) 948-8130. Or you can complete the simple form below for submission to us.  Please be advised that by merely submitting this form, no Attorney-Client relationship is formed with the law firm.   You must provide your name,  home or cell phone number, your email address and your zip code in the form.  We look forward to discussing your possible minimum wage and/or overtime pay violations claim We are passionate about defending and enforcing workers’ rights for unpaid wages.

Calculator App Now Available

A new application is available for free download at the iTunes store for calculating your unpaid wages. The application, called DOL – Timesheet, has been developed by the U.S.Department of Labor. This is a timesheet to record the hours that you work and calculate the hours you may be owed by your employer. It also includes overtime pay calculations at a rate of one and one-half (1.5) the regular rate of pay for all hours.

Retaliation under FLSA

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What are the Federal and Florida Minimum Wage Amounts?

Federal minimum wage:

Currently, the federal minimum wage is $7.25 per hour.  Below is a chart of the federal minimum wage since 2007.

July 24, 2007 to July 23, 2008                        $5.85 /hr

July 24, 2008 to July 23, 2009                        $6.55 /hr

July 24, 2009 to Present                                  $7.25 /hr

Florida minimum wage:

Florida flag

Florida has its own minimum wage law that requires employers to pay employees more than the federal minimum wage.  Below is a chart of Florida’s minimum wage since 2005.

January 1, 2007 to December 31, 2007           $6.67 /hr

January 1, 2008 to December 31, 2008           $6.79 /hr

January 1, 2009 to July 23, 2009                    $7.21 /hr

July 24, 2009 to May 31, 2011                       $7.25 /hr *

June 1, 2011 to December 31, 2011                $7.31 /hr

January 1, 2012 to Present                              $7.67 /hr

*same as  Federal minimum wage

Generally, if you have not been paid properly you can recover any unpaid wages accrued over the previous two years.  In some cases, the law allows you to recover unpaid wages that accrued more than two years ago.  Additionally, in virtually all situations, if an employer has not paid you properly, you are entitled to double the amount of your actual unpaid wages AND the employer is required to pay you for the attorney’s fees and costs associated with a lawsuit.

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.