Jump to content
Sign in to follow this  
morey29

Overtime-guilty misdemeanor theft in criminal, suing in civil for overtime determination per FLSA

Recommended Posts

Accountant/Bookkeeper

Part of my duties were to distribute electronically the weekly approved payroll. In Sept 2017 on a Tuesday I decided to quit and processed my overtime.  The owner stated I was the Controller and didn't have the right/entitlement to process my overtime and had me arrested for grand theft (>$300) stating I knowingly and unlawfully obtained the funds by use of the computer using the payroll software program.  I plead to misdemeanor petit theft per the judgment.  I also paid the money back in full to escrow before the plea deal. The Florida statute listed on the State charge case letter sent to me is Chapter 812.014(2)(c)(1).

 

I have now filed a small claims suit against this employer claiming I was miss-classified as a salaried exempt employee and should have been classified as a salaried non-exempt.

 

I have been recently told that because I plead guilty in the criminal case of theft that it will override the civil claim and I will lose and possibly have to pay my employer's legal fees.  I have also been told after the criminal judgment that small claims court is an option.

 

I'm confused.  I understand the two are related but the criminal case is about theft and the civil case is about the FLSA Regulations, 29 C.F.R. Part 541.  By pleading guilty to the theft am I also agreeing to an exempt status per the FLSA?  That doesn't make sense to me since the charge per the Florida Statutes is grand theft, 3rd degree (greater than $750 less than $5,000).  Am I wasting my time in small claims?

 

Share this post


Link to post
Share on other sites

You are wasting your time in small claims but not for the reason you stated. That is not the proper venue for a determination of exempt/non-exempt.That kind of claim should be filed with the US DOL.

 

https://www.dol.gov/whd/overtime/fs17a_overview.pdf

 

You're either exempt or you're not. The criminal case has nothing to do with whether you are exempt or not.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...