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Federal
and state laws regulate the compensation of employees.
Many employees, even if they receive a regular
salary, are entitled to minimum wage for hours
worked up to forty each week, and overtime wages
at the rate of one and one-half times the regular
rate for hours worked in excess of forty each
week. Regardless of your job title, you may be
entitled to overtime pay. In fact, many employees
are unaware they are experiencing violations of
these laws. Strict statutes of limitations govern
the time period within which an employee must
bring such claims in these matters. If you are
concerned you may not be receiving the pay to
which you are entitled, contact us for consultation.
Workers
Who Experience Retaliation After Filing FLSA Claims
Entitled to Sue for Injunctive Relief
Sam Smith of Burr & Smith, L.L.P. has extensive
experience litigating wage and hour cases. He recently
obtained a ruling from the Eleventh Circuit Court
of Appeals holding that individuals who experience
retaliation as a result of filing claims under the
Fair Labor Standards Act have the right to seek
injunctive relief, including reinstatement.
UtiliQuest,
S.T.S. & Locating Inc. Employees Settle Lawsuit
for Unpaid Overtime Wages:
On
July 28, 2008, a federal judge in Ocala, Florida,
issued a final judgment approving a ten million
dollar gross settlement of overtime wage claims
of utility locators who worked for companies across
seventeen states. In the lawsuit, locators employed
to locate and mark utility lines sought pay for
work performed at home at the beginning of the
day and during meal periods; for time spent traveling
each day to their first location site and home
from their last location site, and for work performed
at home at the end of the day.
Advanced
Comfort, Inc. and Dormia, Inc. Settle Lawsuit
for Unpaid and Overtime Wages.
Marshall, et al. v. Advanced Comfort, Inc. and
Dormia, Inc.
On January 29, 2007, the District Court of the
Middle District of Florida approved the Settlement
of this collective action brought pursuant to
the Fair Labor Standards Act of 1938, as amended
29 U.S.C. §§ 201-209 on behalf of retail sales
associates who were employed by Advanced Comfort,
Inc. d/b/a Dormia, Inc. between July 20, 2003
and July 31, 2006. Retail sales associates who
were paid more in base pay than commission pay
during a representative period of one month recovered
unpaid overtime wages under this Settlement.
Ace
Mortgage Funding Settle Lawsuits for Overtime
Pay
Saunders
et al. v. Ace Mortgage Funding Inc.; Thorpe v.
Ace Mortgage Funding, Inc.
On January 14, 2007, Burr & Smith and co-counsel
reached a settlement agreement with Ace Mortgage
Funding on the above-titled cases. The maximum
settlement amount if all class members agree to
participate is 4 million dollars including attorneys’
fees and costs. The deadline for filing opt outs
and objections is April 4, 2008. On April 21,
2008, there will be a Final Approval Hearing,
at which time a Judge will make a final determination
whether to approve the Settlement.
Enterprise
Employees Settle Lawsuits for Overtime Pay
Harrison v. Enterprise Rent-A-Car Co.; Elmer v.
Enterprise Rent-A-Car Co.
In 1999, the above-titled cases were resolved
by Burr & Smith and co-counsel, in court-approved
settlements of $1.6 million and $2.5 million plus
attorneys' fees.
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hiring of a lawyer is an important decision that
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We will also provide you on request with additional
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