Legal Question in Employment Law in Florida

Re: Restaurant

This question raises some significant issues which should be addressed immediately. From an employment law standpoint there are potential violations of several laws, including the Fair Labor Standards Act which relates to minimum wage and overtime issues. There may also be potential whistle-blower claims, not to mention fraud. You should contact an attorney immediately for a consultation which is protected by attorney-client privilege.

Re: Restaurant

You are discussing a couple issues here. If an employee observes or knows of illegal or violations occuring in the workplace- then the employee should report it in writing to the employer or contact the agency that monitors/investigates the employer on such activity- like the Division of Alcoholic beverages and tobacco. Once an employee reports the improper activity, he/she has whistleblower protection. The employer should not retaliate against the employee for this activity. If something does happen bad at work, like a demotion or termination, the employee can sue for damages.

As to working off the clock, there are both state and federal laws that protect employees in regards to pay for work. A simple rule if you work, you should get paid. The employee is going to have some type of proof of the unreported work. But if there is unpaid wages or overtime due to the unreported work the employee has up to 2 years to file a lawsuit. The law also has it that the employer pays for the employee's attoreny if the employee wins the case.

For more information- please feel free to contact me at [email protected]

Re: Restaurant

As to the alcohol issues, I would report it to Human Resources and or one of the high supervisors in the chain, but put the complaint in writing and make sure you have proof of delivery. As to the OT violations, someone can either hire a private attorney that handles Fair Labor Standards Act cases such as myself or can contact the U.S. Department of Labor to conduct an investigation. Feel free to call me to discuss further.

Scott Behren