Uber Is Facing Unpaid Overtime Lawsuits

Paycheck lawyer is your source for updates to overtime laws in your state and at the Federal level. We keep you informed on the ongoing unpaid overtime class actions and are always searching for unpaid overtime news and alerts that may be of interest to our followers. Uber, the new interesting concept in drivers continues to be faced with class action overtime lawsuits.
An Uber  class action law suit is now in  federal court in Trenton, N.J.  The lawsuit was originally filed by former Uber driver, Jaswinder Singh, in Monmouth County Superior Court on April 22nd and was moved  to U.S. District Court for the District of New Jersey on May 27th.  The suit claims  Uber violated the New Jersey Wage and Hour Law and the New Jersey Wage Payment Law because the failed to pay overtime to drivers working more than 40 hours per week.    Uber drivers in New Jersey and other states are currently classified as “independent contractors” under their contracts, meaning Uber has no legal obligation to pay the requested overtime wages. The Uber drivers in New Jersey are claiming they are  eligible employees because they “completely relied on Uber for driving assignments” and did not have the independence to make important decisions.

Uber has faced a series of wage claim lawsuits.  The first major case, O’Connor v. Uber Technologies, Inc., involved California and Massachusetts Uber drivers, similarly claiming they were wrongly categorized as independent contractors.  That case was settled in April 2016.  It left the independent contractor question unresolved.   Uber drivers in Arizona, Florida, Illinois, New York, Ohio, and Texas have filed similar lawsuits.

Will these cases go to trial? If so, courts may have the opportunity to finally determine the employment status of Uber drivers. A designation of employee could result in overtime wages along with other legal protections offered exclusively to employees.
If courts do categorize the drivers as employees, how will it affect the Uber experience? Much of Uber’s success lies in its business structure. Designating drivers as independent contractors reduces or eliminates many expenses for the company and it allows for greater freedom for drivers.   Will Uber have to make drivers employees?This  will certainly change the internal structure of Uber,
Will Uber be able to continue settling these lawsuits? The large $100 million settlement has clearly attracted drivers in other states. We will soon see if Uber continues to settle these cases as a cost of doing business or if/when it will risk going to trial to decide the employee designation dispute.  In December, 2015, The Wall Street Journal predicted the value of Uber could exceed $60 billion, so paying settlement claims to quiet disgruntled workers seems to be a viable option, at least for now.

If you are an Uber driver and would like to represent Uber Drivers in a class action lawsuit or wish to join one of the ongoing class action lawsuits contact paycheck lawyer.


Florida Paycheck Lawyer | Unpaid Overtime Lawsuits

Your Florida Paycheck Lawyer is committed to getting you your  unpaid overtime. We can help you file an  unpaid overtime lawsuit in  Boca Raton, Bradenton, Cape Coral, Clearwater, Coral Gables, Daytona, Delray Beach, Fort Lauderdale, Fort Myers, Fort Pierce, Fort Walton Beach, Gainesville, Hialeah, Hollywood, Homestead, Jacksonville, Key West, Kissimmee, Lakeland, Largo, Melbourne, Miami Miami Beach, Naples, New Smyrna Beach, Ocala, Orlando, Panama City, Pensacola, Plantation, Pompano Beach, Port Saint Lucie, Palm Beach, St. Petersburg, Sarasota, Tallahassee, Tampa, Tarpon Springs, Titusville, Venice, Vero Beach, West Palm Beach, West Pensacola, Winter Garden, Winter Haven, and Winter Park. FL and get your employer for your unpaid overtime.

Florida  Overtime Wages Attorney For Unpaid Wages and Unpaid Overtime

Has your  Miami, Ft Myers, Ft Lauderdale, West Palm Beach, Orlando, Tampa employer denied you your full wages or overtime pay? James Loren has close to 20 years of experience  get their unpaid wages.

Do You Have An Unpaid Overtime Claim?
DO You Want To Sue Your Miami, Orlando, Kissimmee, Boca Raton, Ft Lauderdale Employer?
If you haven’t been paid all the money you’ve earned at work, you might have a legal claim against your employer under Florida  state or federal wage and hour law.

When Do I Have An Unpaid Overtime  Wages Claim?
Do I Have An Overtime Wages Claim?

If there were minimum wage violations by your employer
If you were under paid and are a tipped employee
If your employer is taking too much in deductions
If your employer failed to pay for every hour you worked including:Working “off the clock”, before clocking in or after clocking out for the day
Meal or rest breaks that you had to work through
Not paid for hours at required training programs and classes
Travel time to a work assignment
Any waiting time you spent on the employer’s premises
Did Your Employer?
Make you work through lunch and not pay you?
Make you take work home and not pay you?
Threaten to fire you when you asked to be paid for the amount of hours you worked?
Make you work more than 40 hours a week and not pay you for the hours worked overtime?
Change your time records?

Speak to a Florida overtime lawyer today.


Paycheck Lawyer Gets You Your Overtime Pay

If you have been cheated out of your overtime pay in Florida, New Mexico and Illinois you need to know your rights.

The federal overtime provisions are stated  in the Fair Labor Standards Act (FLSA). Unless you are exempt, you are covered by the Act  and must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit stated  on the number of hours employees aged 16 and older may work in any workweek. The law does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days.

The law for Florida, New Mexico and Illinois  applies on a workweek basis. Your  employee workweek is a fixed and regularly recurring period of 168 hours or seven consecutive 24-hour periods. It need not coincide with the calendar week. It  may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned.

The bottom line is if you worked over 40 hours in a work week and got cheated out of your overtime pay you need to call the overtime lawyer – Pay Check Lawyer and get your fair pay.


Overtime Lawsuits For CNA, HHA Nurses and Home Care Aides In Florida

Helping Nurses, CNA’S, HHA’s Not Getting Paid Overtime

Florida has a huge group of home health care workers and Nurses  who put in  regular overtime hours caring for the elderly in nursing homes, assisted living facilities and rehabilitation centers as well as home care.

The question is can a Miami, Fort Lauderdale, Boca Raton, Delray Beach, Boynton Beach, West Palm Beach, Stuart, Ft Myers, Naples, Tampa or HHA place in Florida file an overtime lawsuit

 

Are You A Nurse, CNA or HHA  Not Getting Paid Overtime Pay?

If you are a nurse it is likely that you have worked overtime in the past year. Do you know if you are being fairly compensated for the overtime work you are putting in? The American Nursing Association reports that more than half of nurses work mandatory or unplanned overtime each month. Oftentimes they are not paid required overtime wages, and this can happen for a variety of reasons.

Nurses often work long hours and nurses, CNA’S and HHA’s  paid hourly wages are most likely owed overtime pay if their work week has exceeded 40 hours.

Nurses completing work duties off the clock, such as setting up equipment required for their job, can also be due overtime pay.

If you are a nurse, CNA or HHA  who has worked off the clock or more than 40 hours a week, you need to contact us  to  discuss your situation with a qualified overtime lawyer.

Am I Due My Overtime Pay?

Overtime pay is given to eligible workers who work more than 40 hours in a workweek. Qualifying for overtime is dependent on your job duties and hours worked,and not  your job title.

 Nurses Not Getting Paid Overtime Is Our Business

Does providing in-home care for elderly patients exempt me from overtime under the companionship exemption?

Companionship Exemption In Florida

The companionship exemption may apply when you provide in-home care services for someone who is infirm or limited in their mobility due to age.  If general housework exceeds 20% of the total weekly hours worked, then the worker is not exempt from FLSA overtime and minimum wage requirements. If you are employed to provide domestic service in the household you are protected by the FLS. Nurses, certified nurse aides, and home health care aides are covered employees. Registered nurses may be exempt under the professional exemption.

Have you  been improperly exempt from  your FLSA  overtime pay under the companionship exemption?

Nurse not getting paid overtime?

Find out your rights as a live-in health care worker?

The regulations for domestic workers is especially complicated under the Fair Labor Standards Act. Many people are misclassified and as a result do not receive pay for overtime

 We help paramedics and emergency medical technicians not paid for overtime

According to the FLSA, paramedics and emergency medical technicians qualify for overtime pay unless their work is “substantially related to firefighting or law enforcement activities.

 

 


South Florida SSD Denial Lawyer

SSD Lawyer Fighting For Your Right To Your Disability Benefits

Covering: Miami, Hialeah, Fort Lauderdale, Pompano Beach, Deerfield Beach, Miami Beach, Pembroke Pines, Hollywood,  Coral Springs, Delray Beach, Boca Raton, Boynton Beach, West Palm Beach Port Saint Lucie, and Miramar, FL.

The Division of Disability Determinations is responsible for making the determination of medical eligibility for South Florida people who apply for disability benefits under the federal Social Security Administration disability programs (Social Security Disability-Title II. It is also responsible for the periodic Continuing Disability Review (CDR) of all SSA disability beneficiaries to determine if they continue to meet medical eligibility criteria.

 

If Your SSD Claim Has Been Denied

Call The Loren Law Group

In South Florida, a very small percentage  of all disability applications are approved and  first appeals, and  reconsideration, are rarely approved the first  time. These statistics make it seem impossible to be approved for disability benefits. That is why you need a qualified local SSD lawyer to help you.

Individuals, who hire a Social Security disability lawyer for the appeal process are much more likely to receive disability benefits than those who file endless initial disability claims on their own.

If  you have received a denial of a disability claim, you have sixty days to appeal that denial.