BoberLaw Blog

Archive for January, 2012

New Rule Proposed for Home Care Workers

Tuesday, January 17th, 2012

The Department of Labor has proposed a new rule that would extend minimum wage and overtime protections to home care workers.  Currently, home care workers are exempt from the Fair Labor Standards Act because these workers are considered “companions.”  Advocates for a change to the law argue that the companionship exemption from overtime improperly puts home care workers, many of whom care for the sick and elderly, into the same category as babysitters.  There are approximately two million home care workers in this country.   According to the White House, 92% of home care workers are women, 30% are African-American, and 12% are Hispanic.

Illegal Deductions from Employee Wages

Tuesday, January 10th, 2012

Some employers try to deduct money from employee wages to cover their overhead, which the employer should be responsible for paying.  For example, a business may try to deduct money from a server’s tips for such expenses as uniforms, register shortages, walk-outs, returned food, broken plates, or damaged property.  If such deductions cause a worker’s hourly wage to fall below the applicable minimum wage, the deduction may be illegal.  These improper deductions often occur in the hospitality industry where restaurant workers (i.e. waiters, servers, bartenders, busboys, food runners) are paid at or below the minimum wage for each hour worked.  In those situations involving hospitality employees, any deduction may be an illegal deduction, in violation of the Fair Labor Standards Act (FLSA) and the Florida minimum wage law.  If your employer has been making questionable deductions from your pay or your tips, contact a wage and hour lawyer at Bober & Bober, P.A. at 800-995-WAGE for a free consultation.    

Florida Minimum Wage Increases to $7.67

Tuesday, January 10th, 2012

On January 1, 2012, the Florida minimum wage increased by 36 cents to $7.67 per hour.  In 2011, the Florida minimum wage was $7.25 until June 2011 when it increased to $7.31. The 2012 increase is equivalent to an extra $14.40 per week for an employee who works 40 hours and earns the minimum wage.  For tipped employees, the current Florida minimum wage requires employers to pay tipped employees an hourly direct wage of $4.65.  The federal minimum wage remains at $7.25.  According Bureau of Labor Statistics, as of 2010, there were 253,000 Florida workers earning at or below the minimum wage.   If you  were not paid the minimum wage, call the attorneys at Bober & Bober, P.A. at 800-995-WAGE for a free consultation.