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Florida Announces 2014 Minimum Wage

by Martin Salcedo, Esq. - The Human Equation on 10/22/2013

Effective January 1, 2014, Florida’s minimum wage will be $7.93 per hour. This is an increase of 14 cents over the 2013 minimum wage of $7.79 per hour. The minimum wage for tipped employees will increase by the same amount to $4.91 per hour

Florida’s minimum wage is the result of a 2004 voter-approved amendment to the Florida Constitution, and it applies to all Florida employees who are covered by the Fair Labor Standards Act’s federal minimum wage.

Every year, Florida’s minimum wage is recalculated to consider the rate of inflation during the prior year, and according to the Florida Supreme Court, only upward adjustments are permitted. More...

Individual Liability under the Fair Labor Standards Act

by Martin Salcedo, Esq. - The Human Equation on 4/3/2013
alarm clock

Did you know that individuals can be held personally liable for violations of the Fair Labor Standards Act (FLSA)? The FLSA’s broad definition of employer includes “any person acting directly or indirectly in the interests of an employer in relation to an employee.” The Eleventh Circuit Court of Appeals recently considered when it is appropriate to hold someone personally liable for wage and hour violations under the FLSA.

In Lamonica v. Safe Hurricane Shutters, Inc., former employees sued their employer to recover unpaid overtime wages under the FLSA. The employees also sued two of the corporate-employer’s directors, arguing that they sufficiently controlled the corporation to justify holding them personally liable under the FLSA. To support their case against the directors, the employees showed that: More...

ADA Court Ruling Shocks Employers - Reassignment may be a Reasonable Accommodation

by Martin Salcedo, Esq. - The Human Equation on 10/17/2012

The Equal Employment Opportunity Commission (EEOC) sued United Airlines since disabled employees who could no longer do their jobs had to compete for vacant positions instead of being automatically reassigned. According to the EEOC, this practice violates the Americans with Disabilities Act (ADA).

When the EEOC made a similar argument to the Seventh Circuit Court of Appeals in 2000, the Court held that the ADA does not require an employer to reassign a disabled employee to a job for which there is a better applicant—provided it is the employer's consistent and honest policy to hire the best applicant for the particular job in question.

Undeterred, the EEOC again asked the Court to answer the same question. This time around, the EEOC got a different answer. More...

Is Overtime Pay Required for Managers?

by Martin Salcedo, Esq. - The Human Equation on 9/17/2012

Employers who rely on job titles when determining whether an employee is exempt from federal overtime pay requirements risk being named as defendant in a wage and hour lawsuit.

Employers often assume that the Fair Labor Standards Act’s (FLSA’s) executive exemption automatically applies to any employee given the title of “manager.” The reality, however, is that the manager title has virtually nothing to do with whether an employee qualifies for the executive exemption. More...

The Human Equation's newsletters and publications are intended as an information source for the clients and friends of the firm. Their content should not be construed as legal advice, and readers should not act upon the information in these publications without professional guidance. Please note that newsletters and publications that are archived by The Human Equation are not updated after initial publication and may not contain the most current information available.

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