Wage and Hour Lawsuits Recover Millions for Employees

Workers spend up to 40 hours a week putting in time to earn a paycheck, but often times employers take advantage of them and commit the crime of wage theft. Wage theft happens when a company refuses to pay workers for overtime, requires them to work off the clock without compensation, or does not pay for job-related duties on or off the clock. At its essence, wage theft is employers taking money earned by employees for themselves. This is a violation of FLSA laws, and these employers can be hit with costly wage and hour lawsuits.

The Idea Behind Wage and Hour Lawsuits

Wage and hour lawsuits are class action lawsuits that allow a group of employers or former employers come forward with legal action against these entities. Most wage and hour claims take the form of class action lawsuits because any harm done in this form is usually done to several people at once. The Department of Labor estimates that more than 70% of employers violate the FLSA.

Making Wage and Hour Claims

Employees making wage and hour claims must go through a process before their lawsuit can go to court. This often involves making a claim, identifying a class, and presenting a complaint to a judge. All claims are based on violations of the FLSA laws that protect the rights of hourly employees. While wage theft complaints differ slightly, some wage and hour claim examples are:

• Unpaid Overtime – If an employer refuses to pay an employee time and a half for any hours worked over 40 in a week, the worker is entitled to pay of those back wages
• Minimum Wage Violation – Employers who don’t pay hourly employees at least the state or federal minimum wage are in violation of FLSA law
• Unpaid Activities Before or After Shift – Employee who are required to conduct work-related activities either before or after clocking in can file a wage and hour claim to earn back wages for that time
• Offering Comp Time – To avoid paying overtime wages, sometimes employers will offer employee future time off which is a violation of federal law
• Miscalculation of Overtime – Another way employers avoid paying overtime is by miscalculating hours to avoid paying the full amount
• Tip Pooling – While tip pooling seems like a fair idea in theory, it may be robbing servers of the wages they are entitled to earn

While these wage and hour claim examples are some of the most common, employers can face class action lawsuits for any violation of FLSA laws. Employers must be aware of FLSA stipulations as well as the difference between state and federal laws to avoid possible lawsuits.

Wage and Hour Lawsuit Settlements for Employees

When employees bring about a class action claim against an employer and the claim gets approved and goes to court, workers can win millions in wage and hour lawsuits. Settlements from employers can reach into the millions depending on the number of employees affected. The longer the violation and the more people it affects, the higher the settlement. The money recovered from a class action lawsuit that is won usually helps pay for damages, or the amount the employee lost from wage theft.

Contact a Lawyer

If you feel as if you’ve been mistreated by an employer when it comes to your wage and hour rights, contact a lawyer for a case examination. These professionals can help you determine the best course-of-action and if a class action settlement is a good idea moving forward. When done right, these lawsuits can win workers millions in wage and hour lawsuit settlements as employers are required to pay back wages as well as damages. The Paycheck Warriors at Barkan Meizlish, LLP are here to help you reclaim your lost wages.