Florida employment lawyers

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.

165 CABLE, TELEPHONE AND INTERNET INSTALLERS, SOME OF WHOM WERE MISCLASSIFIED AS INDEPENDENT CONTRACTORS, SUE EMPLOYER TO RECOVER UNPAID OVERTIME WAGES AND DAMAGES UNDER THE FLSA

March 20, 2012.  US DOL sues Kentucky cable, telephone and Internet installer to recover unpaid overtime wages and damages for 165 employees. Investigations alleged  Bowlin Services LLC and Bowlin Group LLC misclassified employees as independent contractors and falsified payroll records. The U.S. Department of Labor is seeking back wages and liquidated damages for 165 employees of Bowlin Group LLC and Bowlin Services LLC for alleged violations of the federal Fair Labor Standards Act. The department’s suit was filed following investigations by its Wage and Hour Division that found the defendants had misclassified employees as independent contractors, and violated the FLSA by denying overtime compensation and failing to maintain accurate time and payroll records. The department also is requesting a permanent injunction against the companies to prevent future FLSA violations.

Bowlin Group LLC maintains its principal office in Walton and operates five subsidiaries. One of these subsidiaries is Bowlin Services LLC, which performs installation services primarily under contract to Insight Communications, a cable, telephone and Internet provider in Kentucky.

“Our investigators found that 165 hardworking employees – including many who had been misclassified as independent contractors – were required to work long hours but were illegally denied overtime compensation,” said Oliver Peebles III, administrator of the Wage and Hour Division’s Atlanta Regional Office. “Misclassification seriously harms employees by forcing them to shoulder additional costs such as payroll taxes and the full costs of any fringe benefits. This lawsuit puts employers on notice that we will not hesitate to take legal action to enforce the law.”

After conducting employee interviews and reviewing the company’s records, the division found that some installers were classified as employees but other installers, doing the same work, were classified as independent contractors.

All installers, regardless of their classification, were paid based upon the pieces of equipment they installed rather than at an hourly rate. They were thereby denied overtime compensation, which would have been at least one and one-half their regular rates of pay for hours beyond 40 hours in a week.

In addition, the employer failed to keep accurate records of the number of hours worked by each installer and falsified payroll records to minimize the numbers of hours worked. The amount of back wages and damages owed continues to accrue while the employer remains out of compliance with the law.

The solicitor’s Nashville Branch Office filed the lawsuit in the U.S. District Court for the Eastern District of Kentucky, Jury Division, located in Covington.

The misclassification of employees as independent contractors is an alarming trend, particularly in industries that often employ low-wage, vulnerable workers and have a history of significant wage violations. The practice is a serious threat both to employees entitled to good and safe jobs, as well as to employers who obey the law. Too often employees are deprived of overtime and minimum wages, and forced to pay taxes that their employers are legally obligated to pay. Honest employers have a difficult time competing against this practice. The Labor Department is committed to ensuring that employees receive the pay and benefits to which they are legally entitled, and to level the playing field for employers that play by the rules.

The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Employers also must maintain accurate time and payroll records. The FLSA provides that employers who violate the law are liable to employees for their back wages and an equal amount in liquidated damages. Liquidated damages are paid directly to the affected employees.

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.

Are Call Center Employees Covered Under The Fair Labor Standards Act (FLSA) ?

What is a call center?

A call center is a central customer service operation where agents (often called customer care specialists or customer service representatives) handle telephone calls for their company or on behalf of a client. Clients may include mail-order catalog houses, telemarketing companies, computer product help desks, banks, financial services and insurance groups, transportation and freight handling firms, hotels, and information technology (IT) companies.

What are the requirements for a call center to be covered by the FLSA?

If the annual dollar volume of a call center’s sales or business is $500,000 or more, and the enterprise has at least two employees, all employees of the enterprise are covered by the FLSA on an “enterprise” basis. An enterprise may consist of one establishment, or it may be made up of multiple establishments.  Additionally, the FLSA also provides an “individual employee” basis of coverage. If the gross sales or volume of business done does not meet the requisite dollar volume of $500,000 annually, employees may still be covered if they individually engage in interstate commerce, the production of goods for interstate commerce, or in an occupation closely related and directly essential to such production. Interstate commerce includes such activities as transacting business via interstate telephone calls, the Internet or the U.S. Mail (such as handling insurance claims), ordering or receiving goods from an out-of-state supplier, or handling the accounting or bookkeeping for such activities.

Do call center employees qualify for overtime pay under the FLSA ?

Yes, in most cases. Covered nonexempt employees are entitled to be paid at least the federal minimum wage as well as overtime pay at time and one-half their regular rate of pay for all hours worked over 40 in a workweek. (This may not apply to certain executive, administrative, and professional employees, including computer professionals and outside sales people).

What are some typical problems that happen at call centers?

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, from the beginning of the first principal activity of the workday to the end of the last principal activity of the workday. Also included is any additional time the employee is allowed (i.e., suffered or permitted) to work. An example of the first principal activity of the day for agents/specialists/representatives working in call centers includes starting the computer to download work instructions, computer applications, and work-related emails.

Rest and Meal Periods: Rest periods of short duration, usually 20 minutes or less, are common in the industry (and promote employee efficiency), and must be counted as hours worked. Bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time as long as the employee is relieved from duty for the purpose of eating a regular meal.

Recordkeeping: A daily and weekly record of all hours worked, including time spent in pre-shift and post-shift job-related activities, must be kept.

Salaried Employees: A salary, by itself, does not exempt employees coverage of the FLSA. Whether employees are exempt from  minimum wage and/or overtime depends on their job duties and responsibilities as well as the way compensation is made. Sometimes, in call centers, salaried employees do not meet all the requirements specified by the regulations to be considered as exempt.

There have been some lawsuits brought recently to recover unpaid overtime pay and pay for work done off the clock. For example,  Sprint/United Managment Co. agreed to a $9 million settlement for overtime pay and APAC Customer Services, Inc. agreed to a $4 million payment for overtime to cover time spent logging into the computer system, performing clerical duties and reviewing company notices prior to logging into the company’s timekeeping system.

CLICK BELOW TO SEE RELATED POSTS

8 Telemarketing Employees in Tampa Who Were Misclassified are Awarded $34,235 in Back Pay

If you think you may have a claim or would just like more information about wage labor laws please call  (954) 946-8130 or  submit the confidential “contact us” form below which will arrive at our law offices instantly.    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 as well as many other counties throughout Florida.