On February 21, 2013, a federal court in Ft. Myers conditionally certified a class of student-interns from Wolford College in a collective action seeking pay under the Fair Labor Standards Act (“FLSA”) for work performed at Collier Anesthesia, P.A. The plaintiffs allege that they were in fact employees of Collier Anesthesia, but were provided no […]
Category: FLSA
An Employer’s Duty to Keep Accurate Time Records
The Fair Labor Standards Act (“FLSA”), the federal law that requires the payment of minimum wage and overtime, also requires employers to keep detailed records of employee wages, hours, and other employment information. See 29 U.S.C. § 211(c). Employers must keep accurate time records for both exempt and non-exempt employees. Where an employer fails to […]
Summary Judgment Denied in FLSA Case and Fluctuating Work Week Rejected Under the Circumstances
In a motion denying summary judgment in a Fair Labor Standards Act (FLSA) case (West v. Verizon Services Corp.), the Middle District of Florida found that: there was a joint relationship between a leasing agency and the entity it contracted with; the failure to keep time records, together with Plaintiff’s testimony that she did work […]
Want to go after the state under FLSA? You can’t do it, but Feds can.
A story in today’s St. Petersburg Times about a Department of Labor investigating the failure of a state agency to pay proper overtime, mentions lawsuits against the Department of Children and Families under the Fair Labor Standards Act. While the federal government can sue states for violation of the FLSA, the Supreme Court has held […]
New York Nanny Protection Law
A recent New York Times article on a proposed law in New York state to provide basic employment protection to domestic employees like nannies, raises a very interesting issue. In Florida, domestic employees have very little protection from abusive employers. While it is relatively well established that the minimum wage provisions of the Fair Labor […]
What Records Is My Employer Required To Keep About Hours Worked
Every employer covered by the Fair Labor Standards Act (FLSA) must keep certain records for each covered, nonexempt worker. There is no required form for the records, but the records must include accurate information about the employee and data about the hours worked and the wages earned. The following is a listing of the basic […]