By Sarah Mirando  |  May 3, 2013

Category: Labor & Employment
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Class Action Lawsuits Over Unpaid Overtime, Wages Pick Up Steam

By Jessica Tyner

unpaid overtimeAround the country, more employees are taking action when it comes to their unpaid wages and unpaid overtime. “Wage and hour” lawsuits are kick-started when an employer refuses to pay an employee for the real amount of time worked — including overtime — or pressures a worker to work off the clock.
 
Oftentimes, an unpaid overtime lawsuit or employment class action lawsuit is the only way to recover wages owed to you. As a result, wage and hour lawsuits have been growing into the hundreds for the past five years.

 

How Do Employees Start Complaints?

The first thing an employee should do when researching their legal options is to speak with wage and hour attorney who specializes in labor disputes. Once your claims have been reviewed, he or she can advise you on the best course of legal action — whether that means starting a class action lawsuit or filing an individual complaint against the company.

 

In some situations, class action lawsuits are considered more effective, faster and often yield better results than suing a company individually. Workers can also file a solo complaint with the U.S. Department of Labor. In 2012, over 300,000 employees received back wages by taking this route.

In Greenwich Village, New York, for example, school cafeteria workers claim that the Board of Education did not pay them for short breaks as is required by federal law. At the moment, there are 14 employees who say that their 15-minute breaks were deducted from their paycheck, which can quickly add up. After the workers filed a complaint with the Department of Labor, it was estimated that over $26,000 in back wages were likely due.

However, many current and former employees prefer to file a class action lawsuit to get the compensation they’re owed. This route requires less time on their part spent in trial and deposition, and it can be difficult and time consuming to get the Department of Labor to investigate your case.

The Reason Behind More Wage and Hour Lawsuits

Experts say there are four primary reasons why so many wage and hour lawsuits are heading to court in recent years. The Fair Labor Standards Act is severely outdated, and it doesn’t translate well to current circumstances. Simultaneously, the verbiage of the Act is very vague and can be misleading — there’s a lot of room for interpretation. However, perhaps the most important cause is that workers are simply becoming more aware and educated about their rights.

Another reason might be because workers who are not paid what they’re due might not have considered it worth the trouble to file a lawsuit. However, with recent high payouts, it’s becoming more attractive. Employees didn’t realize how much they were actually owed until they saw their own circumstances reflected in other successful plaintiffs.

Are You Owed Back Wages?

Have you not been paid for breaks that are required by law, been bullied or pressured to work off the clock, or seen hours disappear from your paycheck? If so, you can find out more by visiting the Wage & Hour, Unpaid Overtime Class Action Lawsuit Investigation. You might have a legal claim to seek back wages for unpaid overtime and regular wages.

You deserve the compensation you worked for, whether it was overtime or your regular rate of pay. Submit your information now for a free claim review by a skilled employment and labor attorney who will fight for your rights. You earned those wages, and you may be able to secure them.

 

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Updated May 3rd, 2013

All employment related class action and lawsuit news updates are listed in the Employment and Labor section of Top Class Actions

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