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Miami Employment Class and Collective Action Lawyer - BT Law Group, PLLC · BSPE Legal Marketing Podcast

• 0:00
  Miami Employment Class and Collective Action Lawyer When the same paycheck problem appears across an entire department or workplace, it may signal a widespread pay practice that has been shortchanging workers throughout your Miami organization.
• 0:13
  A single payroll error might be dismissed as a mistake, but when dozens of employees share the same underpayment pattern, federal and Florida wage laws may allow them to pursue their claims together as a group.
• 0:23
  Class and collective actions are two distinct legal tools, and the key difference lies in how employees become part of the case and which court rules govern the process.
• 0:33
  Under an FLSA collective action governed by 29 U.S.C. § 216(b), each employee must affirmatively opt in by filing written consent with the court, or their individual deadlines continue to run on their own.
• 0:46
  A Florida wage class action works differently, automatically including employees within a certified class unless they take deliberate steps to remove themselves from the case.
• 0:56
  To qualify for an FLSA collective action, employees must be similarly situated, meaning they share a common job classification, timekeeping policy, or method of calculating pay that the employer applied uniformly across the group.
• 1:09
  Working different shifts, at different locations, or for varying hours does not automatically prevent employees from joining together when they were all subjected to the exact same challenged pay practice.
• 1:19
  Overtime claims frequently arise in group settings when an employer uses a uniform formula that excludes nondiscretionary bonuses, shift premiums, or commissions from the regular rate used to calculate overtime under 29 U.S.C. § 207.
• 1:33
  Automatic meal deductions, required pre-shift work, and uniform rounding rules are other common practices that can affect large groups of employees in the same underpaying way.
• 1:43
  Florida's minimum wage, established under Article X, Section 24 of the Florida Constitution and enforced through Florida Statutes § 448.110, can also be the basis for group claims when uniform deductions or tip practices push pay below the required floor.
• 2:00
  Founding partners Jason D. Berkowitz and Anisley Tarragona have built their practice around representing employees in federal and state employment disputes, including unpaid overtime, minimum wage violations, and misclassification claims.
• 2:13
  This attorney team understands how to evaluate payroll records, identify patterns across a workforce, and determine whether group legal action offers a stronger path forward than individual claims.
• 2:24
  The law firm's approach begins with a careful review of your pay records to determine whether the same unlawful practice has affected you and your coworkers in a way that supports collective or class treatment.
• 2:34
  If you believe a common pay practice has been reducing your wages and those of your coworkers, contact BT Law Group, PLLC at 305, 507, 8506, located at 3050 Biscayne Blvd STE 205, Miami, FL 33137, United States, to schedule your consultation today.