Monday, 27 June 2016

Overtime Violations in General

Employees in Florida work hard to make a living, support their families, and enjoy life as much as possible. If you work hard, you deserve to be properly paid for your work. Unfortunately, many employers may commit wage violations and leave you without the full amount of compensation you earned.

One common wage violation in Florida is in regard to overtime pay. While overtime pay can be critical to your financial situation, employers can find many ways to accidentally or even intentionally violate the law when it comes to overtime payments. If you believe that your employer has committed any type of overtime violation, our experienced Florida overtime violations attorney will stand up for your rights.

Laws Regarding Overtime for Florida Employees

There are laws on both the federal and the state level that relate to overtime pay. First, the Fair Labor Standards Act (FLSA) is a federal law that sets strict guidelines for overtime on a nationwide basis. FLSA requires that an employer pay certain employees 1.5 times their regular hourly pay (often called “time-and-a-half) for all time worked over 40 hours per week. For example, if your hourly wage is $10.00 per hour, you should get paid the following:

●    First 40 hours worked in a week = $10.00 per hour
●    Any hours over 40 = $15.00 per hour

While Florida itself does not have any specific state laws requiring overtime, our state follow the FLSA guidelines. Florida also has a higher minimum wage that the national minimum, so the minimum overtime rate in Florida is higher than the minimum required by federal law.

Common Overtime Violations

Miscalculation of time worked -- Many employers do not give credit for all of the time person works in order to eliminate overtime pay. For example, if you clock in for 40 hours per week, your employer may require you to set up for work prior to clocking in and clean up after clocking out. The time spent setting up and cleaning up is generally considered to be time worked under the law, which means not only should you get paid for that time, but should get paid overtime rates since it is beyond 40 hours.

Wrongful classification as exempt -- Overtime laws do not apply to everyone, as managers, executives, and other designated positions do not require overtime wages. However, your employer may try to give you a title to exempt you from overtime when your job duties do not really fit that title. This is a very common overtime violation in FL.

Wrongful classification as an independent contractor -- FLSA and wage/hour requirements only apply to employees and not to independent contractors. Many employers may wrongfully classify workers as independent contractors to avoid following wage laws or providing certain benefits, among other reasons. If you have been wrongfully classified as an independent contractor, you may have significant unpaid wages.

The Florida and federal laws regarding time worked, overtime exemptions, and independent contractors can be confusing and involve complex legal issues, so it is important to discuss your situation with a highly experienced attorney who fully understands overtimes laws as soon as possible.

Consult with an Experienced Florida Overtime Attorney Today

Employment law attorney Jonathan Allen stands up for the rights of workers who have been wrongfully denied overtime payments. If you believe your employer owes you overtime

Call J. Allen Law, P.L. at 407-205-2330 to receive a free no commitment consultation.

Monday, 20 June 2016

New FLSA Overtime Rules in 2016

Whether or not you are entitled to overtime payments under the Fair Labor Standards Act (FLSA) depends on several factors. For salaried employees, overtime eligibility is determined by two main factors: your job duties and the amount of your salary. The current salary threshold for overtime is set at $455 per week, which equals $23,660 per year. Anyone who makes less than that amount is automatically entitled to time-and-a-half overtime rates for any hours worked over 40 in a week. Anyone who makes more than that amount may not qualify for overtime based on other factors, such as job title or duties.

The Obama Administration has long been focused on ensuring that overtime laws are fair for salaried workers in the U.S. Specifically, the Administration believed that the salary threshold was too low to adequately ensure that all employees who deserved overtime pay were protected. In fact, the large majority of salaried employees in the U.S. earn more than 23,660, so the threshold meant very little. To expand protections for salaried employees, the White House and the Department of Labor (DOL) recently announced some major upcoming changes to the FLSA overtime rules that will affect millions of employees across the U.S.

New Overtime Threshold

The changes will increase the FLSA overtime threshold to $913 per week, or $47,476 per year, which is more than double the existing threshold. This means that no one who earns less than that amount can be denied overtime payments based on their job duties or title. This new overtime threshold means that an estimated 4.2 million employees who were previously ineligible for overtime will now have rights to overtime payments under the law.

In addition, the DOL will update the threshold every three years to ensure that the designated salary level makes sense based on national earning percentiles.

New Rules for Highly Compensated Employees

If you make above the overtime threshold and are not exempt from overtime based on your job duties, you can still be excluded if you reach a certain income level. This exemption refers to such employees as “highly compensated employees” and that maximum income is currently set at $100,000 per year. The new FLSA rules will increase this maximum to $134,004, which will entitle even more employees to overtime payments.

What this Means for You

These new changes to FLSA go into effect on December 1, 2016. Every employer should be preparing to implement any necessary changes to the way they track hours worked and their payroll rates to ensure their employees are properly compensated. Employees should be aware of whether the new overtime rules apply to them so they can recognize whether their employer may be committing an overtime violation.

If you have any questions about the upcoming FLSA overtime changes or would like to discuss a potential overtime violation, do not hesitate to consult with experienced Florida overtime attorney Jonathan Allen. We protect the rights of employees when it comes to overtime payments, so please call J. Allen Law P.L. at 407-205-2330 today for a free consultation.

Monday, 13 June 2016

Take a Good Decision; Hire a Personal Injury Lawyer in Orlando

At times, we need professional help at different steps in our life. We may need a lawyer or a car injury attorney Orlando, when there is our involvement in any car accident. At any given condition, you should know a lawyer or a law firm personally to gain help in times of emergency. Find a good auto accident attorney in Orlando that can represent you in such times. You may ask yourself why?

An accident may bring in a number of questions and accusations. Who is responsible, who was at fault? Who is going to pay for damage to the cars? Who will take care of the medical expenses are common burning questions that come in after any car accident. Unless you are fully equipped with support from a professional lawyer, your chances are thin. Making such negotiations may be chaotic and also confusing. It is but natural that you may not have the knowledge of the law and other procedural rules all by yourself. If you hire a personal injury attorney to represent you, then you will have a professional person working for you, who has all the knowledge that is required there. In the process of hiring an attorney, you have to be a little careful. You need to ask the right questions to determine whether or not that particular person would be able to handle your case. So ask him what kind of cases he had handled earlier. What is the fee that is charged by him? Ask the success rate of the cases that were handled.

Never take a chance, because accidents cannot be predicted. You should not be falling into the traps of other smart lawyers in the opposition and have to pay extra from your pocket. Be smart and take action right now.

Sunday, 5 June 2016

Making Claims after Personal Injury in Car Accidents with the Help of an Attorney

Hundreds and thousands of people meet road accidents every year. Most of these are caused by collisions by vehicles. These collisions either lead to vehicle damage or personal injury, sometimes even severely. It is a smart decision to keep you ready with an insurance company or by keeping in contact with a Car Injury Attorney Orlando. These may not be actually options to fool proof an accident, but you will definitely be compensated and be protected from unwanted legal issues after such events.

A few common steps could make your case simpler and give you some immunity in case of an unwanted event.

In case of an accident, if there are other people also involved; always check for the well being and safety of the passengers in your vehicle. If there is any injury, call for medical help. Cases and arguments could be settled later, but it is the foremost duty to attend to the health concerns of the persons involved.

Second important thing is calling the police. No matter how small or big the accident is, call the police. A police report will help to give legal foothold. This will also help in assessing which driver was apparently at fault.

Do not forget to collect information about the other driver. If you cannot collect much, at least collect the driver’s license number, the car’s registration number and such information. Do not argue or get personal. You will have your chances when your slip and fall Attorney Orlando will fight the case for you.

Wednesday, 1 June 2016

Florida Automobile Injury Law

More than 2 million people suffer a variety of injuries in traffic-related accidents each year in the United States, according to the National Highway Traffic Safety Administration (NHTSA). Automobile accident injuries can range from minor cuts or bruises to catastrophic injuries that cause a victim to die at the scene. While not every car accident victim is seriously injured, thousands of people require medical attention because of automobile injuries each and every day.

After a serious injury in a crash, you many be left with medical bills, lost earnings if you had to miss work, and other losses. In some cases, you may have to deal with the effects of the accident for months, years, or even for the rest of your life due to permanent disabilities. At J. Allen Law, P.L., we help auto accident victims recover for their losses whenever possible.

Automobile Injuries can be Devastating

Many different injuries can happen when a vehicle crashes and the type and severity of injuries often depends on the speed of the vehicles, the type of crash that occurred (e.g. rear-end or head-on), whether motorists are wearing seat belts, and many other factors. Some of the most common injuries that may lead to an auto accident claims include the following:

       Traumatic brain injury (TBI)
       Fractured, broken, or shattered bone
       Neck and back injuries, including whiplash
       Spinal cord injuries resulting in paralysis
       Facial or jaw trauma
       Internal hemorrhage or organ damage

Many of these injuries require extensive medical care, including emergency treatment, hospitalization, surgeries, medications, medical equipment, home health care, rehabilitative therapy, or even moving to an assisted living facility.

While treating an injury can be extremely costly, victims often have the right to file a legal claim against any parties who were to blame for the accident. Experienced attorney Jonathan Allen can evaluate your case and determine whether you have the right to seek compensation for your losses from a negligent party.

Negligence in Auto Accidents

Negligence occurs when a driver or company is careless and leads to an injury. There are many different ways that parties can be negligent to cause serious auto accidents and injuries. The following are only a few examples:

       Texting, using a smartphone, or other distracted driving
       Driving after drinking or using drugs
       Speeding or violating other traffic laws or traffic signals
       Aggressive driving, including tailgating, dangerous passing, or threatening other drivers
       Failing to properly maintain a vehicle
       Selling defective vehicles or vehicle parts, such as brakes, tires, or airbags
       The existence of dangerous road hazards, including potholes or poorly marked lanes

Helping you Recover after an Accident

If someone else was responsible for causing your auto accident, you should no delay in discussing how you can recover with an experienced attorney who understands Florida personal injury law. The law places strict time limits on filing a personal injury claim and also has requirements to file a valid claim with the courts. Attorney Jonathan Allen is committed to helping people with automobile injury cases in FL and understands all of the laws that may be relevant to your case.

If you have been injured in any type of traffic-related accident in Florida, you have nothing to lose and much to gain by speaking with a skilled automobile injury attorney. J. Allen Law, P.L. is here to help. Call us today at 407-205-2330 for a free no commitment case consultation.