Overtime lawsuits thrive in Florida's recession - Jacksonville Business Journal:

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A Pulte Homes representativ e said inan e-mailed response, “Pulte Homews properly classified Mr. Wood as exempt under the law. Just today, the Departmenf of Labor, the agency charged with monitoring and investigating allegationsdlike this, issued an opinion letter agreeing that the superintendenf position in the home building industry is an exempt/salariesd position, not an hourly one. We believew Mr. Wood’s suit to be withouf merit and are confident that the coury will dismissthis case.” Calculationj omitted commission     Not all the cases included salaried employees. Michelle Miller filed suit Jan. 7 againstf her former employer, LLC.
She received an hourlyt wage plus commission for duties that steadil increased over her two years at the Hernando County golf Her attorney, Paul Shorstein, said that although she was paid it was calculated incorrectlyh because it did not include wages earnecd from commission. The company that owns the golf club, , whicg is based in St. Augustine and is also namedd as a defendant inthe suit, could not be reachesd by press time. Conflict over classification Derek Wilcoxen was a dispatche at a company that provided chartet transportation for a little more than a year befors being fired because of his repeated requestse regardingovertime pay, according to the lawsuitf he filed Jan.
9 and to his Nannette Piccoloof .   The forme r owner of the Tim Tadlock, said in this case the job which he classified as was not a misclassification of the job dutiezs thatare exempt. Further, he said Wilcoxe was laid off, not fired, along with the rest of the employeesa at the nowdefunct “They can sue me all they want,” Tadlock “I haven’t done anythin g wrong.” This is the seconds time a former employew has sued Tadlock for overtime wages.
The firstr case was settled in mediation with neithetr the former employee nor his attorney receivingany compensation, he Tadlock spent about $7,000 in legall fees defending himself in that by law, he is not entitled to Tadlock had not responded to the Wilcoxenn suit by press time, but said he planned to file a motionh to dismiss. Never paid overtime When Gary Jarvie was hirecd in 2005 as a therapist atthe 185-bed in St. Johns he was told he was a salariecd employee. When he worker less than 40 hours, however, he was docked pay, and when he workec more than 40 hours, whicyh he regularly did, he was not paid he said.
“The money owed to me woulrd definitely have helped me and myfamily out,” he adding that he and otheer therapists and case managers complained aboutr not receiving overtime. “I expected to be paid for the hourseI worked.” Jarvie worked for the companyt that operates the , for three years, oftenj working late hours, which he said put a strain on his marriag that ended in After leaving the company in September, Jarvier returned to South Florida and now takes care of his seriousluy ill mother full time. He filed a Fair Labof Standards Actsuit Jan.
13, allegingf that he is owed tens of thousands of Dennis Card andAndy Glenn, partnersd in Hollywood-based , who represent said his is a clear case of a violationb of the law. The two are also explorinh the possibility, as they always do, that othersz at the company might also be dueunpaid wages. “Rarel do you find these types of thingsw areisolated incidents,” Glenh said. “If they were doing it to one, they’rwe probably doing it to others.” Mike Powers, a spokesmaj for G4S Youth Services, based in Palm Beach Gardens, said it has no recorfd of theJarvie suit, but “we have been, and continue to be, in compliance with all wage and labor laws.
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