CopyCited 25 times | Published | Supreme Court of Florida | 15 Fla. L. Weekly Supp. 39, 1990 Fla. LEXIS 196, 1990 WL 5442
...ty, expressed or implied. [2] I therefore conclude that no interest on the unpaid overtime is due. If any is due, however, I agree that it should not run for wages earned prior to the demand for overtime compensation. NOTES [1] Under the facts here, § 295.14, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1987 Fla. App. LEXIS 6246, 12 Fla. L. Weekly 190
...Count Two seeks compensatory damages for “mental pain and suffering in loss of self-respect, disillusionment and otherwise”. Count II also seeks interest on the back pay, and attorney’s fees. Regardless of whether this action sounds in contract or tort, or is strictly statutory, (Plaintiff relies upon 295.14 for all damages sought in Count II) it seeks damages for economic loss....
...The court is unaware of any authority that permits damages for this alleged pain and suffering, or humiliation arising out of this action for economic loss. In Count II, the Plaintiff also seeks interest on his back pay, as well as attorney’s fees. Section 295.14 of the Florida Statutes is the authority for the Plaintiff to sue the City of Miami for back pay....
...The Defendant’s Motion For Judgment on the Pleadings is therefore denied as to interest and attorney’s fees and granted in all other particulars. We approve the court’s order except as to the award of interest on the back pay and attorney’s fees for recovery of that interest. The penalties provided by section 295.14, Florida Statutes (1985) apply to an agency, officer, or employee of the state or one of its political subdivisions. Since the City of Miami is neither an agency, officer, or employee, section 295.14 does not apply....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 3537225, 2012 Fla. App. LEXIS 13622
...ion, is a clear violation of [section
295.07(2), Florida Statutes, and Florida Administrative Code Rule 55A-7.011(2)].” This timely appeal and cross-appeal followed. Analysis The award of attorney’s fees and costs in the final order was based on section
295.14(1), Florida Statutes (2010), which provides: When the Public Employees Relations Commission, after a hearing on notice conducted according to rules adopted by the commission, determines that a violation of s....
...olation of certain enumerated statutes and sustains the veterans’ complaint. The second clause authorizes a discretionary award of monetary relief, including attorney’s fees *872 and costs, when PERC finds a violation of the enumerated statutes. Section 295.14(1) was broken into these two clauses in 1987. See Ch. 87-356, § 9, at 2212-13, Laws of Fla. Prior to 1987, the statute only applied to retention and reinstatement decisions and required PERC to order both compliance and lost wages upon finding a violation. See § 295.14(1), Fla....
...(1986 Supp.) (referring only to section
295.09(l)(a) and (b)). The 1987 amendments expanded the scope of the first clause to include the statutes applicable to the initial hiring decision, but retained the scope of the second clause. See Ch. 87-356, § 9, at 2212-13, Laws of Fla. (breaking section
295.14(1) into two clauses and adding sections
295.07,
295.08, and
295.085(1) to the first clause, but not the second clause)....
...■ Thus, after the 1987 amendments, PERC was required to order compliance upon finding a violation of any of the statutes enumerated in the first clause, but it was only authorized to order monetary relief in retention and reinstatement cases. See § 295.14(1), Fla....
...In this case, the City contends that because the PERC hearing officer found that it hired a more qualified applicant for the deputy fire chief position, there was no statutory violation that would authorize PERC to award attorney’s fees and costs under section 295.14(1)....
...an issue of law; and in doing so, we give deference to PERC so long as its determination is not clearly erroneous. See Doyle v. Dep’t of Bus. Regulation,
794 So.2d 686 (Fla. 1st DCA 2001). The statutory prerequisite to an award of any relief under section
295.14(1) is a “violation” of one of the statutes enumerated in that section....
...the state.”). However, since Harris, the dispositive issue in veterans’ preference cases has been whether the hiring decision violated Chapter 295. Indeed, our research did not locate any case in which PERC ordered relief under either clause of section 295.14(1) for a violation in the hiring process where it determined that the ultimate hiring decision did not *875 violate Chapter 295. Accordingly, in light of Harris and its progeny, if the Legislature intended PERC to order relief and penalize employers under section 295.14(1) for not affording a veteran special consideration in the hiring process even if the employer establishes that it hired a more qualified non-veteran, it needs to clarify that intent....
...Conclusion For the reasons stated above, PERC erred in concluding that the City’s failure to provide Landolfi an interview was a violation of section
295.07 and, as a result, PERC abused its discretion in awarding attorney’s fees and costs to Landolfi under section
295.14(1)....
