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Date: 10-11-2023
Case Style:
Case Number: 1:23-cv-20909
Judge: Kathleen M. Williams
Court: United States District Court for the Southern District of Florida (Miami-Dade County)
Plaintiff's Attorney:
Defendant's Attorney: Aron Smukler and Adi Amit
Description: Miami, Florida employment law lawyers represented the Plaintiff who sued the Defendant on a Fair Labor Standards Act violation theory.
This case was filed in the 11th Judicial Circuit, 21-026052-CA-01 and was removed to federal court by the Defendant.
The Fair Labor Standards Act (FLSA) is a federal law that sets minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.
FLSA violations can occur in a number of ways, including:
Paying employees less than the minimum wage
Failing to pay overtime pay to employees who work more than 40 hours per week
Misclassifying employees as exempt from overtime pay
Failing to keep accurate records of employee hours worked
Employing minors in violation of the FLSA's child labor provisions
If you believe that you or your employer may be violating the FLSA, you can file a complaint with the U.S. Department of Labor's Wage and Hour Division. The Wage and Hour Division will investigate your complaint and, if necessary, take steps to enforce the law.
Here are some examples of FLSA violations:
An employer pays a cashier $7.25 per hour, which is below the federal minimum wage of $7.25 per hour.
An employer does not pay overtime pay to a restaurant server who works 50 hours per week.
An employer misclassifies a sales representative as an exempt employee, meaning that the sales representative is not eligible for overtime pay.
An employer fails to keep accurate records of employee hours worked.
An employer employs a 15-year-old child to work in a factory, which is a violation of the FLSA's child labor provisions.
If you believe that you have been the victim of an FLSA violation, you may be entitled to back wages, liquidated damages, and other remedies. You should consult with an attorney to discuss your legal options.
Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: