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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 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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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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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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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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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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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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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…

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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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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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