J. Rivero & Associates, Inc. was established in 2004. Mr. Rivero's qualifications for performing Wage & Hour consultation services are based on 26 years of employment with the United States Department of Labor, Wage and Hour Division (WH). During the first ten years of his career with the Department, he served as a Wage and Hour investigator, at which time he investigated in excess of 1,000 allegations of FLSA violations. He subsequently served as an Assistant District Director in which position he reviewed the FLSA findings of investigators under his supervision, trained new investigators and assisted investigators in the completion of difficult FLSA investigations. For the last 13 years of his employment, he served as District Director in South Florida. In that period, he reviewed all cases involving serious violations of the FLSA to determine the disposition of same, conferred with employers and/or their representatives regarding the investigation and application of the FLSA, back wage restitution, civil money penalties and proposed litigation. In addition, he was frequently called upon by both the WH Regional and National offices to participate in various teams to formulate and implement enforcement strategies, to develop educational and training materials for both the enforcement staff and the public and to conduct training for new Technicians and Investigators and for WH managers.
Since retiring from the Department of Labor, Mr. Rivero has acted as a consultant for business in designing and implementing compensation systems to ensure compliance with the FLSA. Additionally, He has also served as an expert for both management and employees on matters relating to the FLSA.
Services Available:
FLSA Litigation Support:
The following litigation consultation and support services are available:
• Preliminary assessment of complaint and available evidence to determine likelihood of success in establishing or defending the action.
• Assessment as to whether the case is appropriate for Collective Action.
• Development of strategy taking into consideration coverage, possible exemptions, and the employer’s status of compliance.
• Analysis and evaluation of testimony, documents, and opposing expert reports.
• Assistance in preparing questions for depositions and trial.
• Computation of back wages and damages.
• Expert report with analysis and opinion.
• Expert testimony at trial.
FLSA Investigations:
Consultation services on U.S. Department of Labor, Wage & Hour Division, investigations are available to:
• Ensure procedures and findings conform to Division policy and the law.
• Determine that coverage, exemptions, and status of compliance have been properly considered.
• Ensure that any back wages and/or civil money penalties found due have been correctly computed.
• Negotiate the reduction of wages found due or penalties asessed, where warranted.
Other Services:
• Preventive FLSA audits of your clients to determine compliance and avoid litigation.
• Reviews and development of position descriptions to ensure exempt status of employees.
Background
Q: Please list your professional accreditations, degrees, licenses, and certificates granted:A: Bachelor of Science in Education - Floridau International University.
Continued professional developemnt - Graduate School of Business - Florida International University.
Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: South Florida Compensation and Benefits Association -
Vice President for Professional Development.
Q: Please list any teaching or speaking experience you have had, including subject matter:
A: During my career with the U.S. Department of Labor I conducted hundreds of seminars and speeches for different organizations. These included various chambers of commerce, several SHRM chapters, different employer associations, accounting professional groups, and law firms.
Since my retirement from the Department of Labor I have presented the following seminars and speeches:
1. October 8, 2004 – Avoiding Headaches in FMLA administration. Seminar on the application of the Family Medical Leave Act. The seminar was sponsored by the Council in Education in Management.
2. October 12 -14, 2004 - Nip and Tuck in Wage and Hour Law – Same Face but Some New Wrinkles. Seminar on the new “White Collar” regulations provided to various employers. This seminar was sponsored by the law firm of Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A and was co-presented with Attorney Robert Turk.
3. November 2, 2004 – Understanding the Changes in the “White Collar” Exemptions. Seminar on the new “White Collar” regulations provided to accounting professionals. The seminar was sponsored by Alpha Kappa PSI – Florida Gold Coast Alumni Chapter –professional business fraternity providing continuing education credits for accounting professionals.
4. March 17, 2005 – Writing Positions Descriptions for Exempt Employees. Seminar typical problems encountered when writing position descriptions for “White Collar” employees and how to write effective position descriptions for these employees. The seminar was sponsored by the South Florida Compensation and Benefits Association.
5. April 29, 2005 – Explore the Magic of HR. Seminar on common errors employers make under the Fair Labor Standards Act and how to avoid them. The seminar was sponsored by the Treasure Coast Human Resources Association.
6. May 11, 2005 – Incoming Wage and Hour Law Suits – Are you a target? Seminar on the various mistakes employers make under the Fair Labor Standards Act and strategies to avoid them. This seminar was sponsored by the law firm of Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A and was co-presented with Attorney Andrew Rodman.
7. November 4, 2005 – Common Errors Employers Make under the FLSA. Seminar on the various mistakes employers make under the Fair Labor Standards Act and strategies to avoid them. The seminar was sponsored by Alpha Kappa PSI – Florida Gold Coast Alumni Chapter –professional business fraternity providing continuing education credits for accounting professionals.
8. December 12, 2005 – Mastering the FMLA Puzzle. Seminar on the application of the Family Medical Leave Act. The seminar was sponsored by the Council in Education in Management.
9. April 2006, HRABC - Common Errors Employers Make under the FLSA. Seminar on the various mistakes employers make under the Fair Labor Standards Act and strategies to avoid them. The seminar was sponsored by Human Resources Association of Broward County.
10. November 10, 2006 – Exceptions to the Rules under the FLSA. Seminar on the common exemptions available from the monetary provisions of the Fair Labor Standards Act and the employers which may take advantaged of these exemptions. The seminar was sponsored by Alpha Kappa PSI – Florida Gold Coast Alumni Chapter –professional business fraternity providing continuing education credits for accounting professionals.
11. September 26, 2007 – Computing Damages under the FLSA. Seminar on the various factors that impact the computation of back wages under the FLSA. The seminar was sponsored by the Orange County Bar Association.
12. October 26, 2007 - – Common Errors Employers Make under the FLSA. Seminar on the various mistakes employers make under the Fair Labor Standards Act and strategies to avoid them. The seminar was sponsored by Alpha Kappa PSI – Florida Gold Coast Alumni Chapter –professional business fraternity providing continuing education credits for accounting professionals.
13. November 2, 2007 – Avoiding the FLSA Mine Field. Seminar on the various employer pitfalls under the Fair Labor Standards Act and strategies to avoid them. The seminar was sponsored by Alpha Kappa PSI – Florida Gold Coast Alumni Chapter –professional business fraternity providing continuing education credits for accounting professionals.
14. March 13, 2008 – Avoiding the FLSA Mine Field. Seminar on the various employer pitfalls under the Fair Labor Standards Act and strategies to avoid them. The seminar was sponsored by the South Florida Compensation and Benefits association.
Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
A: No.
Q: On how many occasions have you been retained as an expert?
A: Available upon request.
Q: For what area(s) of expertise have you been retained as an expert?
A: FLSA "White Collar" position classification issues and analysis of time and pay records to determine hours worked and back wages due.
Q: In what percentage of your cases were you retained by the plaintiff?
A: Available upon request.
Q: On how many occasions have you had your deposition taken?
A: Available upon request.
Q: When was the last time you had your deposition taken?
A: Available upon request.
Q: On how many occasions have you been qualified by a court to give expert testimony?
A: Available upon request.
Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: Available upon request.
Q: For how many years have you worked with the legal industry as an expert?
A: Since July 2004.
Q: What is your hourly rate to consult with an attorney?
A: Available upon request.
Q: What is your hourly rate to review documents?
A: Available upon request.
Q: What is your hourly rate to provide deposition testimony?
A: Available upon request.
Q: What is your hourly rate to provide testimony at trial?
A: Available upon request.
