CopyCited 15 times | Published | District Court, S.D. Florida
...Plaintiff asserts claims under the Fair Labor Standards Act ("FLSA") for violations of 29 U.S.C. § 207 for Unpaid Overtime (Count I) and 29 U.S.C. § 206 for Unpaid Minimum Wages (Count II), and a claim for violation of the Florida Minimum Wage Amendment, Article X, § 24, of the Florida Constitution, and Florida Statute § 448.110 (Count III)....
CopyCited 14 times | Published | Court of Appeals for the Eleventh Circuit | 95 Fed. R. Serv. 3d 1147, 2016 U.S. App. LEXIS 17606, 2016 WL 5403589
...Selena Lee (“employees”) sued, bringing minimum wage and overtime claims
against Michael Scott in his official capacity as the Sheriff of Lee County, Florida.
They brought their claims under the FLSA as well as the Florida Minimum Wage
Act (“FMWA”), Fla. Stat. § 448.110.2 On behalf of themselves and others
similarly situated, the employees say they performed off-the-clock work for which
they were not paid....
CopyCited 9 times | Published | Court of Appeals for the Eleventh Circuit
...iffs-Appellants, former sheriff deputies in Collier and Lee County, Florida, sued the Collier and Lee County sheriffs pursuant to the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq. , and the Florida Minimum Wage Act ("FMWA"), Fla. Stat. § 448.110 ....
...The Act provides, "Only those individuals entitled to receive the federal minimum wage under the federal Fair Labor Standards Act and its implementing regulations shall be eligible to receive the state minimum wage pursuant to s. 24, Art. X of the State Constitution and this section." Fla. Stat. § 448.110 (3) ; accord Fla....
CopyCited 5 times | Published | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 74908, 2010 WL 2949606
...as an illegal immigrant and his failure to pay taxes; (2) F-Navarrete is not liable under the FLSA because he does not qualify as Plaintiff's employer; (3) Plaintiff did not follow the correct procedure under the Florida Minimum Wage Act, FLA. STAT. § 448.110(2), and in any event, Plaintiff abandoned both his state and federal minimum wage claims; (4) Plaintiff will not be able to prove his damages; (5) Plaintiff conceded Defendants did not willfully fail to pay Plaintiff overtime; and (6) Plai...
CopyCited 5 times | Published | District Court, S.D. Florida | 2012 WL 2994246, 2012 U.S. Dist. LEXIS 100921
...5:05-CV-34-FL,
2007 WL 4568972 , at *6 (E.D.N.C. Dec. 21, 2007) (certifying hybrid action). I. Rule 23 Certiñcation: Florida Minimum Wage Claims (Count I) With respect to Count I, Plaintiffs seek to certify a single class under Rule 23 to litigate Defendants’ alleged violation of Section
448.110 of the Florida Statutes....
..."Corporate Defendants.” The individual defendants, Car-en Winnifred Dement and Joseph H. Walsh, are referred to herein as the "Individual Defendants,” who, together with the Corporate Defendants, are collectively referred to as "Defendants.” . Section 448.110 of the Florida Statutes provides in relevant part that "employers shall pay employees a minimum wage at an hourly rate of $6.15 for all hours worked in Florida,” and also incorporates provision of Sections 213 and 214 of the federal...
CopyCited 4 times | Published | District Court, S.D. Florida
...should be GRANTED . 1 I. BACKGROUND Plaintiffs filed this action on November 21, 2018 [D.E. 1] against Defendants for unpaid minimum wages in violation of the Fair Labor Standards Act ("FLSA"), the Florida Constitution, Art. X § 24, and Fla. Stat. § 448.110 ....
CopyCited 3 times | Published | District Court, S.D. Florida | 2013 WL 6170661
violations of the FLSA and Florida’s Minimum Wage Act, §
448.110, Fla. Stat. (2012), arising from their employment
CopyCited 3 times | Published | District Court, S.D. Florida | 2017 U.S. Dist. LEXIS 65540, 2017 WL 1380774
...BACKGROUND 1 Plaintiffs Sarah Shaw, Rebecca Wiles, and Ashley Howell bring this action on behalf of themselves and others similarly situated pursuant to the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 202 (a), 206, 207, and the Florida Minimum Wage Act (“FMWA”), Fla. Const, art. X § 24 and Fla. Stat. § 448.110 ....
...-in Plaintiffs worked more than 40 hours per week. . The FMWA incorporates the exemptions and restrictions in sections 213 and 214 of the FLSA "as interpreted by applicable federal regulations and implemented by the Secretary of Labor.” Fla. Stat. § 448.110 ....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 10586, 2010 WL 2882401
...hey prevailed on a statute of limitations defense rather than on the merits. We reverse. On November 28, 2007, Denise DiFrancesco filed a two-count complaint against defendants for underpayment of wages, in violation of the Florida Minimum Wage Act, section 448.110, Florida Statutes (2007)....
...e than two years before the complaint was filed. On January 11, 2008, defendants filed two motions for sanctions. The first concerned expiration of the statute of limitations period. The second sought sanctions for plaintiff's failure to comply with section 448.110's pre-suit procedural requirements....
...They enclosed a motion for sanctions that they intended to file if plaintiff failed to withdraw her complaint. In July 2008, defendants filed their motion for sanctions. At the hearing on plaintiff's motion to amend her complaint, plaintiff conceded that the two original counts under section 448.110 were time-barred and agreed to drop them....
CopyCited 2 times | Published | District Court, M.D. Florida | 2016 U.S. Dist. LEXIS 19701, 2016 WL 659305
...¶¶ 98-102 . In Count II, Plaintiffs allege that Defendants wrongfully retained Plaintiffs’ tips by including kitchen managers in the Kitchen Tip Pool. Id. ¶¶ 103-07 . In Counts IV and V, Plaintiffs assert identical claims under the FMWA, Fla. Stat. § 448.110 ....
...no involvement in the day-to-day operations of the restaurants. Id. at 22-23. Finally, with respect to the class claim in Count VI, Defendants argue that any class members who failed to properly provide pre-suit notice in accordance with Fla. Stat. § 448.110 (6)(a) cannot pursue an FMWA claim....
...ributed to the kitchen employees was insufficient to effectively incentivize or discipline them. Additionally, as to the class claim in Count VI, Defendants assert that the class members failed to provide adequate notice as required under Fla. Stat. § 448.110 (6)(a), and, thus, they are entitled to judgment in their favor as to the class members....
...greement as to how the proceeds would be distributed (by whom and according to what formula) or who would receive them. And as to the class claim, Plaintiffs contend that they have provided sufficient notice to satisfy the requirements of Fla. Stat. § 448.110 (6)(a)....
...30, 2012) (unpublished), adopted,
2012 WL 513017 (M.D.Fla. Feb. 16, 2012) (unpublished). The FMWA "provide[s] measures appropriate for the implementation of’ art. X, § 24, and incorporates the exemptions and restrictions set forth in sections 213 and 214 of the FLSA. Fla. Stat. §
448.110 (2) and (3). Relevant here, section
448.110(3) of the FMWA provides that "employers shall pay employees a minimum wage... [adjusted annually] for all hours worked in Florida.” See Fla. Stat. §
448.110 (3) and (4)....
CopyCited 2 times | Published | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 112525, 2015 WL 5016613
...cash or in facilities’, ‘free and clear’ of improper deductions, at a rate no lower than the minimum wage rate[.]” Arriaga v. Fla. Pac. Farms, L.L.C.,
305 F.3d 1228, 1235 (11th Cir.2002) (citing 29 U.S.C. § 206 (a)(1)); see also Fla. Stat. §
448.110 ....
CopyCited 1 times | Published | District Court, M.D. Florida | 2017 WL 1191384, 2017 U.S. Dist. LEXIS 48527
...tive business relations (Count I), breach of contract (Count II), unjust enrichment (Count III), conversion (Count IV), unfair competition (Count V), fraudulent misrepresentation (Count VI), and violations of the Florida Minimum Wage Act, Fla. Stat. § 448.110 (Count VII)....
CopyCited 1 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 15913, 2008 WL 616106
...CONCLUSIONS OF LAW Jurisdiction and Venue 1. This is an action for minimum wage and overtime violations under the Fair Labor Standards Act (hereinafter "FLSA"), 29 U.S.C. § 201, et seq. The plaintiff also makes a claim under the Florida Minimum Wage Act. Fla. Stat. § 448.110....
...Under the FLSA, employers must keep payroll records and pay employees a minimum hourly wage and overtime. 29 U.S.C. §§ 201-11. Antenor,
88 F.3d at 929. 6. Florida's minimum wage is guaranteed by the Florida Constitution. Fla. Const. Art. 10, § 24. The Florida Minimum Wage Act, Fla. Stat. §
448.110 "provide[s] measures appropriate for the implementation of s. 24, Art. X of the State Constitution." Fla. Stat. §
448.110(2). 7. "The provisions of §§ 213 and 214 of the federal Fair Labor Standards Act, as interpreted by applicable federal regulations and implemented by the Secretary of Labor, are incorporated [in the Florida Minimum Wage Act]." Fla. Stat. §
448.110(3)....
...ployees must receive proper notice of Section 203(m) and (3) all tips received by the employees must be retained by them. [4] 29 U.S.C. § 203(m). The Florida law on "tip credit" is the same as that of the FLSA. Fla. Const. Art. 10 § 24; Fla. Stat. § 448.110....
CopyCited 1 times | Published | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 65628, 2010 WL 2650912
...Plaintiff has not asserted a claim under Florida law relating to minimum wages. To the extent Defendants are attempting to argue that Plaintiff somehow waived his federal FLSA minimum claim because he failed to comply with the written notice provision in Florida Statute § 448.110(6), the Court finds such argument to be without merit....
CopyPublished | Florida 3rd District Court of Appeal
...Judge Fernandez did not participate in oral argument.
BOKOR, J.
Mario Zequeira appeals the dismissal with prejudice of his complaint
for Florida Minimum Wage Act violations due to his failure to comply with a
presuit notice requirement of section 448.110(6)(a), Florida Statutes....
...1st DCA 1996) (“We
also recognize that the failure to give notice of intent before filing suit . . .
may be cured following dismissal of a complaint, provided the limitations
period has not yet run.”).
The presuit notice requirement at issue here, section 448.110(6)(a),
provides in pertinent part:
Any person aggrieved by a violation of this section may bring a
civil action in a court of competent jurisdiction against an
employer violating this section or a party violating s...
...initiate litigation prior to the filing of the complaint naming him as a plaintiff
(although, interestingly, the other named plaintiffs did provide such notice).
Thus, we agree, and the parties do not contest, that dismissal was warranted
where Zequeira did not comply with section
448.110(6)(a)’s mandate to
provide presuit notice “prior to bringing any claim.” See Nichols v. Lab’y
Corp. of Am.,
2014 WL 820656, at *3 (M.D. Fla. Mar. 3, 2014) (“The [Florida
Minimum Wage Act] requires that prior to bringing a claim for unpaid wages
pursuant to Fla. Stat. §
448.110, an aggrieved person must notify the
employer in writing of an intent to initiate the action. . . . Failure to comply
with the FMWA’s pre-suit notice requirement will result in dismissal of the
claim.”).
The remaining issue turns on whether the dismissal should’ve been
with or without prejudice. A claim under section
448.110 carries a five-year
statute of limitations, measured from the time the last element constituting
6
the cause of action occurred. See §
95.11(2)(d), Fla. Stat. (providing that
actions “alleging a willful violation of s.
448.110” must be brought within 5
years); §
95.031(1), Fla....
...So now that
Zequeira joined the complaint as a named plaintiff, his complaint was subject
to dismissal for failure to comply with the presuit notice requirement. The
parties also do not dispute that Zequeira did not provide the presuit notice
required by section 448.110(6) until July 27, 2021, more than five years after
the last act alleged to constitute the cause of action.
The question turns on the interplay between the tolling principle for
class members to bring individual suits during t...
CopyPublished | Florida 4th District Court of Appeal | 2017 WL 1177599, 2017 Fla. App. LEXIS 4179
...Because the doctrine of equitable estoppel supports the court’s ruling, we affirm. In March 2014, Bryan Vargas filed a complaint against Sawgrass and individual employee defendants seeking to litigate a class action based upon violations of the Florida Minimum Wage Act, section 448.110, Florida Statutes (2014), and alleging an individual claim of retaliation....
CopyPublished | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 2681, 2011 WL 710154
...Employer was $2,005.72. Additionally, Claimant twice stated that he believed that Employer was in violation of the Fair Labor Standards Act (the "FLSA") and alluded to a pending FLSA lawsuit in which Claimant alleged Employer owed his minimum wages. Section 448.110(3), Florida Statutes (2009), the Florida Minimum Wage Act, states, in pertinent part: (3) Effective May 2, 2005, employers shall pay employees a minimum wage at an hourly rate of $6.15 for all hours worked in Florida....
...s. 24, Art. X of the State Constitution and this section. The provisions of ss. 213 and 214 of the federal Fair Labor Standards Act, as interpreted by applicable federal regulations and implemented by the Secretary of Labor, are incorporated herein. § 448.110(3), Fla....
...Under the plain text, Employer was required to pay Claimant a minimum wage for all hours worked during the course of employment. Furthermore, Claimant is an "individual[] entitled to receive the federal minimum wage under the Fair Labor Standards Act." § 448.110(3), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Mar 7, 2024
...The attendants allege that the County’s use of their
services violated the minimum-wage and anti-retaliation provi-
sions of the Act, id. §§ 206, 215(a)(3), and the Florida Minimum
Wage Act and the Florida Constitution, FLA. STAT. § 448.110; FLA.
CONST....
...The attendants filed a putative class action. The operative com-
plaint alleges violations of the minimum-wage provision of the Fair
Labor Standards Act, 29 U.S.C. § 206, (count I); the Florida Mini-
mum Wage Act and Florida Constitution, FLA. STAT. § 448.110;
FLA....
...eral minimum wage under the federal Fair Labor Standards Act and
its implementing regulations shall be eligible to receive the state
minimum wage pursuant to [the Florida Constitution] and [the
Florida Minimum Wage Act].” (quoting FLA. STAT. § 448.110(3))).
USCA11 Case: 23-11065 Document: 40-1 Date Filed: 03/12/2024 Page: 14 of 14
14 Opinion of the Court 23-11065
IV....
CopyPublished | Court of Appeals for the Eleventh Circuit
Florida Minimum Wage Act (“FMWA”), Fla. Stat. §
448.110. The deputies claim that the sheriffs violated
CopyPublished | Florida 4th District Court of Appeal
the Florida Minimum Wage Act, codified in section
448.110, Florida Statutes (2023). The employee’s complaint
CopyPublished | District Court, N.D. Florida | 2014 WL 2961142, 2014 U.S. Dist. LEXIS 89378
...r “Group II Plaintiffs”) as well as Mode-line Sejour (hereinafter “Group III Plaintiff’) seek summary judgment for unpaid wages under the FLSA, the federal regulations governing the H2A program, 2 and the Florida Minimum Wage Act, Fla. Stat. § 448.110 ....
CopyPublished | District Court of Appeal of Florida
Franchise; Count II—minimum wage violations under section
448.110 against American Franchise and Gervas; Count
