Monthly Archives: August 2010

Disney World to Pay $433,000 in Unpaid Wages to Employees

August 27th, 2010

The U.S. Department of Labor’s Wage and Hour Division has recovered $433,819 in back wages owed to 69 employees of Walt Disney Parks and Resorts U.S. in Orlando, Fla. The company agreed to make the payments following an investigation that uncovered violations of the Fair Labor Standards Act.
A Wage and Hour Division investigator found that inventory control clerks in the park’s Food and Beverage Department were not paid for work activities occurring before and after their normal shifts. In addition, they were not paid for working through their meal times and when working from home.
“While Walt Disney has specific rules regarding off-clock work, an investigation conducted by the Department of Labor’s Wage and Hour Division found that managers within the company were not adhering to those important policies,” said Wage and Hour Deputy Administrator Nancy Leppink. “It is not enough to have policies. Management must also ensure that all supervisors are implementing them.”
The FLSA requires that covered employees be paid time and one-half their regular rates of pay, including commissions, bonuses and incentive pay, for hours worked over 40 per week. In general, “hours worked” includes all time an employee must be on duty, or on the employer’s premises or at any other prescribed place of work, from the beginning of the first principal activity of the workday to the end of the last principal work activity of the workday. Additionally, the law requires that accurate records of employees’ wages, hours and other conditions of employment be maintained. The current federal minimum wage for covered, nonexempt employees is $7.25 per hour.

Posted in Unpaid Overtime | Comments Off

Mortgage Originators, Processors and Loan Officers are Not Entitled to Overtime

August 25th, 2010

Mortgage loan officers who collect, process and sell mortgages to prospective homeowners are not exempt from the overtime rules under the Fair Labor Standards Act. A recent opinion letter from the U.S. Department of Labor confirms that most mortgage officers are entitled to overtime pay. In light of the housing boom and bust of the past several years, it is very likely that a significant number of loan officers and mortgage brokers were improperly denied compensation. This is likely especially true in South Florida, which already leads the nation in violations of the FLSA and where thousands of people became “mortgage brokers” to capitalize on the housing boom.
The DOL announcement is here:
Mortgage Loan Officers Not Exempt From Overtime
Sarelson Law Firm has extensive experience representing employees in unpaid wage and overtime cases.

Posted in Class and Collective Actions, Unpaid Overtime | Comments Off

West Palm Beach Firefighter Denied Promotion Because he is Black

August 24th, 2010

The Palm Beach County Office of Equal Opportunity ruled that a black firefighter for the City of West Palm Beach was denied a promotion due to his race. The OEO ruled that the firefighter was better qualified than several white firefighters who received promotions. The Sun-Sentinel has the full story here. The City intends to appeal.

Posted in Racial Discrimination | Comments Off