Overtime case Home Health Aide in Florida
Recently, in August of 2011, the Untied State District Court for the Southern District of Florida decided a case that dealt with the Fair Labor Standards Act (FLSA) and unpaid overtime wages. In Correa v. Gelhomecare, Inc., 2011 WL 3419625 (S.D.Fla.), Plaintiff worked for Defendants as a home health aide. The plaintiff in this case felt that she was not being paid correctly and that she was entitled to overtime wages (more information on this topic can be found by visiting our new Employment Discrimination Facebook page). The FLSA statute states that an employer is required to pay an employee a minimum wage and pay time and a half for those hours that an employee works in excess of the standard forty hour work week. Id. But, the FLSA (Fair Labor Standards Act) does have a host of exemption to the FLSA’s minimum wage and maximum hour requirements. One such exemption is for employees in domestic service who provide companionship services for individuals who because of age or infirmity are unable to care for themselves.
While plaintiff alleges that he qualifies under the FLSA as a home health aide, he offers no description of his job duties ore responsibilities. Id. Defendants claim the reason for the non-explanation is that he is in fact a domestic service employee who provides companionship services.
It is well settled that FLSA exemptions are to be narrowly construed against the employer and that the employer has the burden to show that an exemption applies. Plaintiff put in his complaint that he was not paid the federal minimum wage and that he was not paid for hours worked in excess of 40 hours. Plaintiff has sufficiently put defendant s on notice of his claims of unpaid minimum and overtime wages. The court goes on to state that defendants being the employer of plaintiff are in just as good apposition as plaintiff to know what plaintiff’s job duties and responsibilities were.
Thus, if you are an employee who files a lawsuit in Florida for FLSA unpaid overtime wages, you must plead the minimum notice requirements. That is not to say that you are still going to win your Florida FLSA unpaid overtime wages claim, but it will be enough to defeat a motion to dismiss and allow you to continue with your case.
If you have been involved in a Florida unpaid wages overtime case that you would like to find out the answers to, please call and speak to Florida unpaid wages overtime lawyer Andrew S. Alitowski of Alitowski & Moore located at 707 NE 3rd Ave. Suite 201, Fort Lauderdale, FL 33304 – 954-523-5333
If you are injured…Ask Andrew!!!
