[IMPORTANT]

Zofran Birth Injury Lawsuit

InformationUNLAWFUL WORKPLACE VIOLATIONS

WHERE DO COMPANIES VIOLATE THE LAW?

How Do Companies Violate The Employment Laws?

Overtime Violations

Minimum Wage Violations

“Off-the-clock” Violations

“Meal Break” Violations

Other Pay

Violations

Retaliation Violations

Workers’ Compensation

State Specific Violations

A (UCLA) Workplace Violation survey: “Broken Laws, Unprotected Workers: Violations of Employment and Labor Laws in American’s Cities

Data Source: Institute for Research on Labor and Employment UCLA

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%

Overtime MinimumWage

Off-the-clock Meal Break Other Pay Retaliation Workers'Compensation

State Specific

Workplace Violation Rates

The Basics Of An Overtime Claim

Employee works over forty (40) hours a week for a covered employer, they are entitled to be paid time and one half or overtime for any hours worked over forty.

The Basics Of An Overtime Claim

For an employer to be legally obligated to pay overtime under the FLSA, the employer must have two or more employees and have gross revenues of $500,000 per year (revenue, not profit).

Ask An Attorney About You Overtime Questions Here: http://www.floridaovertimelawyer.com/practice-areas/overtime-and-unpaid-wages-attorney/

The Basics Of An Overtime Claim

If the employer does not make that $500,000 per year revenue threshold, an employee may still be entitled to overtime if that employee is regularly involved in interstate (across states) transactions.

The Basics Of An Overtime Claim

The FLSA applies only to “employees.” Therefore, if you are a true independent contractor, the overtime laws do not apply to you.

The Basics Of An Overtime Claim

A true “independent contractor” is someone who:

(a) has their own company or is incorporated; (b) works for whomever whenever (not just the employer at issue); (c) provides their own tools and materials to do the job; (d) controls the work they do (rather than being restricted by the employer’s policies); (e) can turn down work for the employer without consequence; (f) is truly in a separate business for him/her self.

The Basics Of An Overtime Claim

If your employer knows or should know that you are performing tasks (whether at home, in the field, or in the office) for the benefit of the company, that is working time and it counts toward your “hours worked” during the week.

Richard Celler Legal, P.A.

Source: Institute for Research on Labor and Employment UCLA

35.40%

25.60%

26.50%

12.40%

0.00% 5.00% 10.00% 15.00% 20.00% 25.00% 30.00% 35.00% 40.00%

5 hours or less

5-10 hours

10-20 hours

more than 20 hours

Number of Hours Worked Overtime for Workers With an Overtime Violation

Source: Institute for Research on Labor and Employment UCLA

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%

80.00%

90.00%

100.00%

Overtime Violation Rates by Occupation

Minimum Wage

Effective January 1, 2014, Florida’s minimum wage increased to $7.93 per hour for non-tipped employ-ees, and $4.91 an hour for tipped employees. The federal minimum wage is $7.25 per hour.

Restaurants and service industry businesses are commonly cited for workplace violations

Source: NCSL

Minimum Wage by States (2016)

Source: Institute for Research on Labor and Employment UCLA

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%

Minimum Wage Violaton Rate by Occupation

Source: Institute for Research on Labor and Employment UCLA

0.00% 5.00% 10.00% 15.00% 20.00% 25.00% 30.00% 35.00% 40.00% 45.00%

$1 per hour or less

$1.01-$2 per hour

$2.01-$3 per hour

$3.01-$4 per hour

more than $4 per hour

Amount Paid Below the Hourly Minimum Wage for Workers With a Minimum Wage Violation

Off-the-clock Work

If you are doing work any-where, and your employer knows or should know you are doing the work (late night emails copying a supervisor, phone calls on the company phone late at night with clients, etc.) you are entitled to be paid for that as “hours worked”.

Richard Celler Legal, P.A.

“Meal-Break” Violations

The law does not require the employer to pay for the meal break, but if the employee works during the break, he or she must be compensated.

“Meal-Break” Violations

If you do not get a minimum of 15 minutes of free, uninterrupted time (no phone calls, driving, or work related tasks), you are entitled to be paid for that time, and it is illegal for your employer to make a deduction for this time.

Source: Institute for Research on Labor and Employment UCLA

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%

80.00%

90.00%

100.00%

Off-the-clock Violation Rates by Occupation

Source: Institute for Research on Labor and Employment UCLA

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%

80.00%

90.00%

100.00%

“Meal Break" Violation Rates by Occupation

Other Pay Violations Include

• Worker is paid late• Worker does not receive a paystub• Worker is subjected to an illegal pay deduction• Tips are stolen by employer or supervisor

Richard Celler Legal, P.A.

Retaliation by Employers

Employers are prevented from retaliating against employees who complain to management or a government agency about their working conditions.

Also protected by law from employer retaliation are people who attempt to organize a union.

Illegal Forms of Employer Retaliation

• Threatening to fire• Firing or suspending workers• Cutting hours or pay• Harassing or abusing workers• Giving workers a worse work assignment

Workers’ Compensation

A states workers compensation fund is paid into by employers, who are generally required to carry workers compensation insurance in order to pay costs when a worker is injured or becomes sick for work-related reasons. Medical bills as well as lost wages can usually be recovered when it was caused by a work-related injury or illness.

Source: Institute for Research on Labor and Employment UCLA

62.10%

47.10%

35.40%

21.10%

0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00%

Employer cut workers' hours or pay

Employer threatened to fire workers or call immigrationauthorities

Employer fired or suspended workers

Employer harassed or abused workers, or increased workload

Types of Illegal Retaliation by Employers

So, here is what the law allows:

• You can file most legal claims within two or three years of the date of your injury and still collect the full amount of money you deserve.

• However, time limits for filing a charge related to employment law can be shorter. (Example: EEOC discrimination claims 180 days)

Richard Celler Legal, P.A.

So, here is what the law allows:

• If there is an unlawful overtime violation, the employee generally is entitled not only to their overtime damages for 2 or 3 years, but in most cases, double the actual damages owed.

So, here is what the law allows:

• Your employer is also required to pay for your attorneys’ fees and costs (no matter how big or small your case may be).

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LEARN MORE ABOUT VIOLATIONS IN THE WORKPLACE

“We Protect Your Rights in the Workplace,So You Can Focus on Protecting Your Family”

http://www.floridaovertimelawyer.com

(866)344-9243

richard@floridaovertimelawyer.com

Richard Celler Legal, P.A.

7450 Griffin Road, Suite 230Davie, FL 33314

Phone: 954-903-7475

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