A guide to the ways companies break the law and get out of paying what they should to their employees. Some employers avoid fair compensation out of their own ignorance, some however are actively engaged in willful wage theft, stealing from their staff. Knowing your rights as an employee is vital. This comprehensive guide breaks down the most common workplace violations the employed may experience at their job, and lays out what you can do about it when your boss breaks the law. We all have a right to fair compensation for the work we do. The guide covers issues such as meal break violations, off-the-clock work, minimum wage issues, overtime and other employment compensation issues. Understand your rights. Learn what workplace violations encountered as an employment lawyer, and know your options. When your workplace breaks the law, or attempts to pressure or force you into unpaid work, know the line between unfair and illegal. If your rights have been violated and you feel you have a potential lawsuit claim - share what happened with me and I'll review your case for free, and answer any employment law questions you may have.

1. [IMPORTANT]
Zofran Birth Injury Lawsuit
Information
UNLAWFUL WORKPLACE VIOLATIONS
WHERE DO COMPANIES VIOLATE THE LAW?

2. How Do Companies Violate
The Employment Laws?
Overtime Violations
Minimum WageViolations
“Off-the-clock” Violations
“Meal Break” Violations
Other Pay
Violations
Retaliation Violations
Workers’ Compensation
State Specific Violations

3. A (UCLA) Workplace Violation survey: “Broken Laws, Unprotected Workers: Violations
of Employment and Labor Laws in American’s Cities
Data Source: Institute for Research on Labor and Employment UCLA
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
Overtime Minimum
Wage
Off-the-clock Meal Break Other Pay Retaliation Workers'
Compensation
State Specific
Workplace Violation Rates

4. The Basics Of An Overtime Claim
Employee works over forty (40) hours a week for
a covered employer, they are entitled to be paid
time and one half or overtime for any hours
worked over forty.

5. The Basics Of An Overtime Claim
For an employer to be legally obligated to pay
overtime under the FLSA, the employer must have
two or more employees and have gross revenues of
$500,000 per year (revenue, not profit).
Ask An Attorney About You Overtime Questions Here:
http://www.floridaovertimelawyer.com/practice-areas/overtime-and-unpaid-wages-attorney/

6. The Basics Of An Overtime Claim
If the employer does not make that $500,000 per
year revenue threshold, an employee may still be
entitled to overtime if that employee is regularly
involved in interstate (across states) transactions.

7. The Basics Of An Overtime Claim
The FLSA applies only to “employees.” Therefore, if
you are a true independent contractor, the
overtime laws do not apply to you.

8. The Basics Of An Overtime Claim
A true “independent contractor” is someone who:
(a) has their own company or is incorporated;
(b) works for whomever whenever (not just the employer at
issue);
(c) provides their own tools and materials to do the job;
(d) controls the work they do (rather than being restricted by
the employer’s policies);
(e) can turn down work for the employer without
consequence;
(f) is truly in a separate business for him/her self.

9. The Basics Of An Overtime Claim
If your employer knows or should know that you are
performing tasks (whether at home, in the field, or
in the office) for the benefit of the company, that is
working time and it counts toward your “hours
worked” during the week.
Richard Celler Legal, P.A.

10. Source: Institute for Research on Labor and Employment UCLA
35.40%
25.60%
26.50%
12.40%
0.00% 5.00% 10.00% 15.00% 20.00% 25.00% 30.00% 35.00% 40.00%
5 hours or less
5-10 hours
10-20 hours
more than 20 hours
Number of Hours Worked Overtime for Workers With an
Overtime Violation

11. Source: Institute for Research on Labor and Employment UCLA
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
80.00%
90.00%
100.00%
Overtime Violation Rates by Occupation

12. Minimum Wage
Effective January 1, 2014, Florida’s minimum wage
increased to $7.93 per hour for non-tipped employ-
ees, and $4.91 an hour for tipped employees. The
federal minimum wage is $7.25 per hour.
Restaurants and service industry businesses are
commonly cited for workplace violations

13. Source: NCSL
Minimum Wage by States (2016)

14. Source: Institute for Research on Labor and Employment UCLA
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
Minimum Wage Violaton Rate by Occupation

15. Source: Institute for Research on Labor and Employment UCLA
0.00% 5.00% 10.00% 15.00% 20.00% 25.00% 30.00% 35.00% 40.00% 45.00%
$1 per hour or less
$1.01-$2 per hour
$2.01-$3 per hour
$3.01-$4 per hour
more than $4 per hour
Amount Paid Below the Hourly Minimum Wage for Workers
With a Minimum Wage Violation

16. Off-the-clock Work
If you are doing work any-where, and your
employer knows or should know you are doing the
work (late night emails copying a supervisor, phone
calls on the company phone late at night with
clients, etc.) you are entitled to be paid for that as
“hours worked”.
Richard Celler Legal, P.A.

17. “Meal-Break” Violations
The law does not require the employer to pay for
the meal break, but if the employee works during
the break, he or she must be compensated.

18. “Meal-Break” Violations
If you do not get a minimum of 15 minutes of free,
uninterrupted time (no phone calls, driving, or work
related tasks), you are entitled to be paid for that
time, and it is illegal for your employer to make a
deduction for this time.

19. Source: Institute for Research on Labor and Employment UCLA
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
80.00%
90.00%
100.00%
Off-the-clock Violation Rates by Occupation

20. Source: Institute for Research on Labor and Employment UCLA
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
80.00%
90.00%
100.00%
“Meal Break" Violation Rates by Occupation

21. Other Pay Violations Include
• Worker is paid late
• Worker does not receive a paystub
• Worker is subjected to an illegal pay deduction
• Tips are stolen by employer or supervisor
Richard Celler Legal, P.A.

22. Retaliation by Employers
Employers are prevented from retaliating against
employees who complain to management or a
government agency about their working conditions.
Also protected by law from employer retaliation are
people who attempt to organize a union.

23. Illegal Forms of Employer
Retaliation
• Threatening to fire
• Firing or suspending workers
• Cutting hours or pay
• Harassing or abusing workers
• Giving workers a worse work assignment

24. Workers’ Compensation
A states workers compensation fund is paid into by
employers, who are generally required to carry
workers compensation insurance in order to pay
costs when a worker is injured or becomes sick for
work-related reasons. Medical bills as well as lost
wages can usually be recovered when it was caused
by a work-related injury or illness.

25. Source: Institute for Research on Labor and Employment UCLA
62.10%
47.10%
35.40%
21.10%
0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00%
Employer cut workers' hours or pay
Employer threatened to fire workers or call immigration
authorities
Employer fired or suspended workers
Employer harassed or abused workers, or increased workload
Types of Illegal Retaliation by Employers

26. So, here is what the law allows:
• You can file most legal claims within two or three
years of the date of your injury and still collect
the full amount of money you deserve.
• However, time limits for filing a charge related to
employment law can be shorter.
(Example: EEOC discrimination claims 180 days)
Richard Celler Legal, P.A.

27. So, here is what the law allows:
• If there is an unlawful overtime violation, the
employee generally is entitled not only to their
overtime damages for 2 or 3 years, but in most
cases, double the actual damages owed.

28. So, here is what the law allows:
• Your employer is also required to pay for your
attorneys’ fees and costs (no matter how big or
small your case may be).
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29. LEARN MORE ABOUT
VIOLATIONS IN THE WORKPLACE

30. “We Protect Your Rights in the Workplace,
So You Can Focus on Protecting Your Family”
http://www.floridaovertimelawyer.com
(866)344-9243
richard@floridaovertimelawyer.com
Richard Celler Legal, P.A.
7450 Griffin Road, Suite 230
Davie, FL 33314
Phone: 954-903-7475
We Offer a FREE Initial Case Review So You Can Get
Answers for Your Employment Law Questions