Articles Posted in Wage and Hour

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Home health care aides in Palm Beach County may be entitled to overtime compensation if they work more than 40 hours in any given workweek. A recent decision by the Pennsylvania Supreme Court, though not binding in Florida, approved overtime payments to in-home nurses and may have an impact on similar workers throughout the country.

Palm Beach County has a large number of home health care aides and nurses working in people’s homes, due in part to its large senior citizen population. While the person receiving the care typically sets the hours and controls the type of services provided, most times the nurse is employed directly by a large company. These companies pay the in-home nurse an hourly rate, and, at least according to the Pennsylvania ruling, should pay them time-and-a-half for working overtime.

Who gets overtime pay?

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Seeing a rise in the number of employees claiming unpaid overtime, Miami Personal Injury Attorneys Greenberg, Stone & Urbano are pleased to announce they are now handling wage and hour cases. The employment law division will be headed by Attorney Howard Weitzner.

Wage and Hour claims consist primarily of unpaid overtime and unpaid wages. This can include hourly, worker, salaried workers and people who work on commissions. There are federal and state laws that govern how workers are supposed to be paid. Violating these rules by failing to pay overtime or base wages can subject an employer to strict penalties such as liquidated damages and attorney’s fees.

The Fair Labor Standards Act, or FLSA, provides a specific framework for who is entitled to overtime payment and who is not. There are certain exemptions from the statute, but a non exempt worker who is not paid overtime can go back two years and also claim liquidated damages, or double the amount of unpaid overtime.
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Palm Beach Personal Injury Attorneys Greenberg, Stone & Urbano, have announced the opening of an employment law division in their Boca Raton office. The practice will now handle wage and hour cases in Palm Beach and Broward Counties.

Attorney Howard Weitzner will head the wage and hour division. The firm will focus its efforts on unpaid wages, overtime violations and minimum wage violations.

“In down economies, the ones who really feel the crunch are laborers and the working men,” says Weitzner. “Companies become greedy and begin pinching pennies, with their employees the easiest target for their efforts to save a buck.”
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