In the Kuchinskas v. Broward County case, William Kuchinskas and Roberta Hartwell initiated legal action under the Fair Labor Standards Act (FLSA). Their Complaint alleges that they, along with other current and former employees of Broward County (County), have the right to recover unpaid overtime wages and liquidated damages. The employees were salaried workers, many of whom were classified under the Executive, Administrative, and Professional (EAP) exemption.
This claim is based on the County’s alleged implementation of a policy or practice that compelled employees to use accrued “leave compensation” or reduce their actual pay to cover partial-day absences. According to the terms of 29 U.S.C. § 216(b), an additional 115 current and former County employees have chosen to join the class lawsuit. These collective members collectively seek overtime pay and liquidated damages spanning the three years before the initiation of this lawsuit up to the present time
In the case, the Court concluded that the deductions were found to be unintentional and stemmed from reasons other than a scarcity of work. The County was found to have effectively addressed any prior violations of the FLSA through corrective actions, explicitly amending its personnel policies, and reimbursing employees for deductions related to partial-day absences.
Furthermore, no evidence has been presented to indicate that the County made these deductions from employees in the Executive, Administrative, and Professional (EAP) category due to a lack of available work. While the regulation regarding the timeframe for correction needed not be interpreted conjunctively, the Court determined that the County has fulfilled both aspects of the regulation. Consequently, the employees had no basis for seeking additional remedies.
Lessons Learned from the Case:
- This case serves as a reminder for employers to diligently review their payroll practices, accurately classify employees, and ensure compliance with FLSA regulations
- The case showcases the significance of corrective actions when violations are identified. Employers are reminded to promptly correct errors and take measures to rectify any wage-related discrepancies
- The Court’s decision underscores the effectiveness of addressing violations through explicit amendments to personnel policies and reimbursement of affected employees.
- The absence of evidence indicating deductions were due to a lack of work and the Court’s analysis of the unintentional nature of deductions emphasize the importance of presenting clear and accurate information when defending against wage and hour claims.
If you want to know more about salaried employee rights, read our guide on What are my rights as a salaried employee in Florida?
