Working While Applying for Social Security Disability

Many of our Social Security Disability (SSD) clients are faced with severe financial difficulty when they can’t work due to their disability.  When they are on the brink of losing everything or being kicked out of their home, they ask if they can try to return to work and whether it will hurt their claim for Social Security Disability benefits. We…

Loan Officers Entitled to Overtime Pay

SCOTUS: Mortgage Loan Officers Entitled to Overtime Pay

Under the Fair Labor and Standards Act (FLSA) Mortgage Loan Officers Entitled to Unpaid Overtime Pay The U.S. Supreme Court recently upheld an Administrator’s Opinion issued by the Department of Labor stating that “typical” mortgage-loan officers are not covered by the “administrative exemption” to the Fair Labor Standards Act (FLSA), and thus would be entitled to…

Misclassified Employee Law

Am I an Employee or Independent Contractor?

Misclassification of Employees as Contractors and the FLSA Many employers believe that they can save money by hiring a worker and call them an “independent contractor”, thus saving significant money on payroll taxes and workers’ compensation expenses. While in theory this may be a good money saving technique, in the long run, it could cost…

Family Medical Leave Act – What is it, and Do I Qualify?

By J.J. Talbott and Brad Larsen The Family Medical Leave Act (FMLA) is a federal law that provides certain employees job protection and unpaid leave for a “serious medical condition” (personal or family).   Often, employers do not understand their responsibilities under the law, or purposefully take action to prevent an employee from exercising their rights…

US Court of Appeals: Home Care Workers Deserve Overtime Pay Under FLSA

  On Friday, the US Court of Appeals for the DC Circuit issued an Order in the case of Home Care Association of America, et al v. David Weil; (No. 1:14-cv-00967, U.S. District Court of Appeals DC Circuit (August 21,2015)),  upholding a home care worker’s right to receive overtime pay and the minimum wage under…

What Should I do after an Automobile Accident?

With over 250,000 automobile accidents per year in the State of Florida, it is very likely that you will be involved in car wreck some time in your life.  These accidents typically happen due to careless drivers who operate their vehicle negligently on the streets and highways of Florida, putting you and your family at…

No Paid Sick Leave in Florida

Several states (California, Connecticut and Massachusetts) have recently enacted legislation allowing workers to accumulate and use paid sick leave. In California, the statewide push was preceded by local ordinances in cities such as San Francisco, Oakland and Berkeley. In other states which have not adopted statewide legislation, major cities such as Seattle, Washington and New…

Is Your Uber Driver an Independent Contractor?

In Pensacola and hundreds of other cities around the world, it is now possible to get a cab ride without calling up a cab company. Instead, you can go online or use your smartphone app to connect with someone in your community who will give you a ride in his or her own vehicle for…

Overtime Law

Employers Cannot Use Timekeeping Policies as a Defense to FLSA Claims

On January 15, 2015, the United States 11th Circuit Court of Appeals[1] issued an opinion which helps protect the rights of employees to receive all wages owed to them under the Fair Labor Standards Act (FLSA). Bailey v. TitleMax of Georgia, Case No. 14-11747 (11th Cir., January 15, 2015). In Bailey, the employee, Santonia Bailey,…