Class actions involving unpaid overtime claims are generally based upon claims that the defendant violated the Fair Labor Standards Act (“FLSA”). FLSA protects American workers from unfair pay practices and requires that employees are paid for actual hours worked.
Unless you are exempted from the statute, FLSA mandates overtime wages for work in excess of 40 hours per workweek. Under most circumstances, employees who work over 40 hours per week must be compensated for overtime worked at 150% of their regular rate of pay.
For more information, please visit the U.S. Department of Labor’s Wage and Hour Division Website at www.dol.gov/esa/regs/comliance/whd/whdfs23.pdf.
When the rights of a group of people have been violated, they can file a class action lawsuit seeking compensation for their injuries. The advantage of a class action is that a group of people with similar claims can present their cases at one time, rather than having to file numerous individual lawsuits.
For example, most department managers, assistant managers and store managers should not be considered executives as their job duties are typically similar to the duties of hourly employees. In other instances, companies try to avoid paying overtime by improperly classifying employees as independent contractors when these workers have little control over their work. These misclassifications occur in numerous service-related industries such as fast food restaurants, retail stores, mortgage companies, pharmacies, drug companies, shipping companies, poultry growers, construction, maintenance crews and many others.
The attorneys at Pogust Braslow & Millrood regularly handle class action lawsuits. We thoroughly investigate every class action so our clients are assured that we will hold the responsible party accountable for its actions. If you think that your employer improperly withheld overtime wages from you, you should immediately contact the attorneys at Pogust Braslow & Millrood. Just fill out our contact form or call us at (610) 941-4204. Take the first step toward protecting yourself and the ones you love by contacting us immediately.