Tag Archives: Florida

Eleventh Circuit Upholds District Court’s Rejection of Challenge to Employer Records

Employers defending FLSA overtime claims brought by employees are often frustrated when such claims include alleged “off the clock” work despite the fact that the business properly maintained records of hours worked.  A new decision rejects one such allegation.  Gilson v. Indaglo, Inc., 2014 U.S. App. LEXIS 20828 (11th Cir. 2014). The sales employee plaintiffs … Continue Reading

Eleventh Circuit Affirms: No Individual Coverage of “Local” Painter of Pleasure Boats

While FLSA coverage—both so-called “enterprise” based coverage and individual coverage of a specific worker—remains broad, such coverage generally does not extend to individuals who do not work for a covered enterprise and do not “directly participate in the actual movement of persons or things in interstate commerce.”  In reviewing a trial court decision, the Court … Continue Reading

Florida Judge Rejects Retaliation, Interference Claims Brought By Wait Staff

One defense commonly asserted to retaliation claims under the FLSA (and most other anti-retaliation statutes) is whether the complaint or activity allegedly leading to the alleged adverse action constituted “protected activity” under the relevant statute. Seeking to clarify this standard, a Florida District Court Judge found the alleged complaints were not sufficiently specific to constitute “protected … Continue Reading

Florida Court Rejects Joint Employer Allegation, Grants Summary Judgment to Bank In FLSA Suit

FLSA plaintiffs from time to time seek to include potential “deep pocket” defendants as alleged “joint employers,” claiming that the alleged joint employer’s control over the entity which employed them was sufficient such that FLSA liability should attach. Recently, another federal court joined the growing body of decisions rejecting such claims. Diaz v. U.S. Century Bank, 2013 … Continue Reading

Arizona, Florida, Six Other States To Raise Minimum Wage For 2012 (And San Francisco, Too)

The state minimum wage is set to increase in eight states at the start of the new year.  By statute, many states review and revise their respective minimum wage annually, to reflect changes in the cost of living.  San Francisco, one of several municipalities with its own minimum wage law, will also increase its minimum … Continue Reading

Florida Increases Minimum Wage to $7.31 To Keep Pace with Consumer Price Index

Per an announcement on the Florida Agency for Workforce Innovation’s web site, the state minimum wage will increase, effective June 1, 2011, to $7.31 per hour. Under the Florida Minimum Wage Act (which applies to all workers covered by the FLSA), the Agency is required to adjust the Florida minimum wage pursuant to a calculation based … Continue Reading

Miami-Dade Wage Theft Ordinance Amended

Reacting to outcry from the employer community, on June 3, 2010 the Miami-Dade County (FL) County Commission amended its recently enacted wage ordinance which defined “wage theft” as failing to pay an employee any portion of his or her wages within 14 calendar days of the work having been performed. Prior to this amendment, the ordinance potentially … Continue Reading

New Miami-Dade Wage Theft Ordinance – Another Compliance Issue For South Florida Employers

Federal law merely mandates that employers pay employees as promptly as possible.  State and local laws often require employers to pay wages no less frequently than weekly/bi-weekly/semi-monthly or monthly.  And often these requirements differ based on the type of employees.  For example, in New York, only manual workers need to be paid weekly but most … Continue Reading