Summary: If you are being paid regular rates for overtime work or face other overtime issues, your employer could be violating state and federal law. Contact an attorney to learn more about your legal rights.
Under the Fair Labor Standards Act (FLSA), wage violations occur when an employer misclassifies an employee or contractor. Misclassification often occurs to avoid paying out some type of benefit, such as overtime.
One Miami company now owes $260,000 to a group of nurses who faced exactly these kinds of misclassification and overtime violations. Unfortunately, these instances of wage theft are far too common. An unpaid overtime attorney can evaluate your employment status and help you secure all wages you are entitled to if you believe your company has misclassified you.
Why a Miami Company Owed its Nurses $260K for Misclassification
A recent investigation determined that a Miami company engaged in multiple wage violations involving its nurses and caregivers. The investigation concluded that the company regularly misclassified caregivers as independent contractors and paid them straight time for all hours worked. This means that the company habitually paid workers regular rates for overtime hours instead of time-and-a-half, as the law requires.
These are all serious overtime pay violations. Following the investigation, a court judgment ordered the Miami area company to compensate its nurses and caregivers for unpaid wages. The $260,000 settlement will be paid to 44 employees affected by the company’s misclassification and other unlawful practices.
Approximately one dozen of the affected employees were owed more than $10,000 in back wages. One employee was owed more than $40,000 in back wages alone.
Following the court’s award to nurses and caregivers robbed of rightful wages by their Miami employer, it was affirmed that when federal and state employment regulations do not align, employers are required to adhere to the one that is more favorable to workers.
Understanding IC Misclassification and Overtime Rights
Misclassifying workers as independent contractors is one of the most common ways employers in the healthcare industry and other sectors withhold rightful wages from workers.
Employee misclassification is illegal under the FLSA. Employees who are misclassified as independent contractors are frequently deprived of the legal protections they are entitled to. They may also miss out on:
- Proper minimum wages
- Overtime pay
- Health insurance
- Other employment benefits
If healthcare workers are misclassified as independent contractors and are not compensated with overtime pay that they would otherwise be eligible for, this is a violation of the FLSA if they are truly employees.
When a healthcare facility or other employee is found to have misclassified employees, they could face significant penalties, including:
- Back pay for unpaid overtime
- Liquidated (double) damages in successful lawsuits from affected workers
Enlist the Help of an Unpaid Wages and Overtime Attorney
If you have been wrongly classified as a nonexempt employee or an independent contractor, you might be missing out on wages and benefits that you have rightfully earned. The Miami company’s $260,000 judgment highlights the issues that healthcare workers, as well as workers in other industries, frequently face in getting fair pay.
If you believe you have a claim, an attorney can help you explore your legal options. Initial consultations are free, and we work on a contingency fee basis—which means there is no upfront payment unless we win.
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