Can I File a Wage Theft Lawsuit?

Thousands of workers across the nation are victims of wage theft each year, and are victims of withheld wages or unpaid overtime. As a result, employees have sought retribution, and have successfully filed class action wage and hour lawsuits against employers.

When employers go to great lengths to increase profits, they often do so in an unethical and unlawful way. Wage theft is more common than many American workers realize, and wage and hour laws are upheld by courts to protect employees, and compensate them for the loss of hard-earned wages.

Common targets of wage and hour lawsuits in recent years have been retailers, restaurants, construction companies, banks and manufacturers. Any worker who has experienced unpaid wages from their employer may have a case and should contact an experienced employment claims attorney.

Can I File an Unpaid Overtime Class Action?

The majority of class action wage and hour lawsuits allege that employers violated the Fair Labor Standards Act (FLSA), which dictates minimum wage, overtime pay, and prohibits “off-the-clock” work without pay.

Federal and state law requires private employers to pay overtime at 1.5 times (time and a half) the regular hourly rate for all time worked over 40 hours in a “workweek.” A workweek is determined by the start of the employer’s payroll period.

Under state law, private employees covered by collective bargaining agreements or “uncoerced” compensatory time requests can be paid compensatory time in lieu of overtime.

Work actually performed is work that must be paid, regardless of a “no overtime” policy or requirement for prior approval of overtime or work after hours. Employers cannot expect or allow hourly employees to perform unpaid work. An Ohio wage and hour lawyer can help determine what employer violations may be presented to the courts.

In some cases, duties performed “off the clock” are compensable, and may require regular or overtime compensation. Examples may include time spent cleaning up, changing uniforms, preparation or cleaning of equipment, or closing out a cash drawer.

Employers that violate labor law often refuse to pay overtime to entire groups of workers, which makes a class action lawsuit viable. Many workers have filed class action lawsuits with an Ohio wage and hour lawyer, alleging employers withheld tips, did not provide meal and rest breaks, and did not pay properly for promotional work.

Other unpaid wages claims and wage theft lawsuits allege employers fail to pay for time changing into and out of work clothes (doffing and donning), and are forced to stay at the workplace off the clock.

What are some Recent Unpaid Overtime Settlements?

• Brinker Restaurant Corp. paid $56.5 million in a case that included 108,000 workers who alleged wage and hour violations.

• The City of Los Angeles paid $26 million to settle a case that included over 1,000 trash truck drivers who alleged meal and rest break violations.

• Walgreen Co. settled a case for $23 million after 40,000 workers alleged they were denied overtime and meal and rest breaks.

• Schneider Logistics Transloading and Distribution Inc. paid $21 million after employees were allegedly denied overtime and minimum wage.

• The San Francisco Giants baseball club paid more than $500,000 in back wages to dozens of clubhouse and administrative workers that had not received minimum wage and overtime pay.

• Farmers Insurance agreed to pay more than $1.5 million in back wages to nearly 3,500 call center employees after federal authorities discovered possible “significant and systemic” violations of overtime and record-keeping rules.