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Unpaid Wages of Resident Motel Managers

Unpaid Wages of Resident Motel Managers

Innkeepers, apartment, and motel managers who live on the property they manage frequently are paid below the minimum wage and denied overtime pay.  Motel owners frequently employ individuals or couples to manage small motels and provide a “free” room.  Often times, however, the free lodging is not provided for the convenience of the employee, but rather for the benefit of the owner.  Motel managers and innkeepers frequently work seven days per week, from early morning until late at night. They also may be…

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Higher Florida Minimum Wage Starting in January 2017

 On January 1, 2017, the Florida minimum wage will increase by five cents ($0.05) from $8.05 to $8.10 per hour.  A covered employee who is paid the minimum wage would also be entitled to an overtime wage of at least $12.15 per hour.  As of January 1, 2017, tipped employees in Florida must be paid a direct wage of $5.08, which is equal to the $8.10 minimum wage minus a $3.02 tip credit, and an overtime wage of $9.13.  An employee…

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Overtime Wage Protection Expanded

The United States Department of Labor (DOL) has finalized a new overtime wage rule that requires employers to pay overtime wages to employees making less than $913 per week or $47,476 per year.  Employers would have to pay such employees time-and-a-half their regular hourly rate for any hours worked over forty (40) in a week.  In determining if an employee’s salary meets the $47,476 threshold amount, employers can inlcude bonuses and incentive payments such as commissions, up to 10% of…

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Expanded Overtime Wage Protection

Under a new United States Department of Labor (DOL) proposal to expand overtime wage protection, anyone making an annual salary of less than $50,440 automatically would be guaranteed overtime pay for hours worked over forty in a workweek. The overtime law requires covered employees to be paid time and one-half their regular rate for hours worked over forty in a workweek. This expanded overtime wage protection is a significant increase from the prior yearly salary threshold of $23,660, (which is…

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Manicure Industry Wage Theft

Many nail salons commit wage theft violations by not paying manicurist at least the minimum wage for hours worked, and by making illegal deductions from customer tips or wages.  (“The Price of Nails” New York Times, 5/7/15).   Manicure industry wage theft is common.  For example, nail salons often do not pay newly hired manicurists the required minimum wages for work.  While nail salon workers are usually considered “tipped employees” and paid a reduced minimum wage, salon owners often fail to make…

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Prepaid Wage Cards May Violate Wage Laws

An increasing number of mostly hourly workers are being paid their wages by prepaid cards instead of by check or direct deposit. Employees are able to use these prepaid cards like debit cards to withdraw their pay at an A.T.M. But in most cases, using these prepaid cards requires the employee to pay a fee. For example, prepaid payroll card providers may charge a fee to make a withdrawal at an A.T.M., a fee to receive a paper statement, a…

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Unpaid Internships May Violate Wage Laws

Employers are not allowed to refuse to pay minimum wages and overtime merely because they label workers as “interns.” While an unpaid internship can provide a valuable experience for some people, it also may result in a wage violation for an employer. An example of internship wage violations is a lawsuit brought by unpaid interns alleging overtime and minimum wage violations committed by Fox Searchlight regarding the interns’ work on the film Black Swan. In determining whether an internship may…

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Florida’s Minimum Wage Increases to $7.79 in January 2013

The Florida Department of Economic Opportunity has announced that the minimum wage in Florida will increase to $7.79 per hour as of January 1, 2013. Florida’s minimum wage is currently higher than the federal minimum wage. The federal minimum wage requires covered employers to pay their employees only $7.25 per hour, which is $0.54 less than the Florida minimum wage as of 2013. Under Florida’s higher minimum wage in 2013, employees who earn tips will be entitled to a direct…

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Local Businesses Covered by FLSA if Employees Handle Materials

The Eleventh Circuit Court of Appeals recently handed down a decision, Polycarpe v. E&S Landscaping Services, Inc., which rejected the argument by several employers that they were not a covered by the Fair Labor Standards Act (FLSA) as an enterprise because their business were local in nature. The businesses at issue performed landscaping, construction work, alarm system installation, or shutter installation. The Polycarpe decision reversed a number of trial courts that had erroneously restricted FLSA coverage. It essentially put the…

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Many Landscaping Companies Violate Wage Laws

Some landscaping companies try to avoid overtime pay by paying their workers a piece rate for removing landscaping, but fail to pay their workers overtime when they exceed for 40 hours in a week. For example, one landscaping company was required to pay $52,240 in back wages and penalties following a determination by the U.S. Department of Labor’s Wage and Hour Division that company violated provisions of the Fair Labor Standards Act (FLSA) buy using such a piece rate pay…

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Immigrant Wage Theft

All covered employees, whether working legally or illegally, and regardless of his or her immigration status, are entitled to be paid the minimum wage and overtime. Wage theft from undocumented workers is common, especially in workplaces such as construction sites, nail salons, and restaurants that are largely staffed by immigrant workers. The Fair Labor Standards Act prohibits employers from retaliating against their employees for asserting their right to their wages. Threats to turn over employees to U.S. Immigration and Customs…

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