Abraham Jewett  |  March 4, 2022

Category: Labor & Employment

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Employee Appreciation Day Class Action Lawsuits Overview: 

  • Who: Class action lawsuits have been filed against a number of companies recently by current or former workers. 
  • Why: Workers complaints against their employers include claims of mistreatment, being misclassified, not being appropriately compensated for their time/money, and a failure to be paid minimum wage and/or overtime.
  • Where: These class action lawsuits have been filed nationwide.

It is fairly common for a business to be hit with a class action lawsuit filed by a current or former worker.

Employee on employer claims often revolve around allegations concerning pay, reimbursement, misclassification, or general mistreatment, among other things. 

With employee appreciation day being March 4, there’s no better time to look back at some recent class action lawsuits which can serve as examples of exactly how NOT to treat your employees.

Burlington, Krispy Kreme, Stiiizy Fail To Pay Overtime, Minimum Wage

One common class action lawsuit lobbied against an employer involves claims they fail to provide appropriate overtime and/or minimum wage compensation. 

Just last month, a former Burlington Coat factory worker argued the company misclassifies its assistant store managers as being exempt from receiving overtime pay, even though they are required to do non-exempt work. 

In January, meanwhile, a former Krispy Kreme and Insomnia Cookies delivery driver argued the companies failed to provide minimum wage or overtime for hours worked over 40 in a week. 

The driver, Taylor Rae Hine, claims she was paid a flat fee but was never informed of her hourly rate or that the companies were deducting her tips towards minimum wage. 

Also in January, Consuelo Diaz-Rodriguez, a former worker at California-based cannabis chain Stiiizy, argued the company failed to pay their employees overtime

Diaz-Rodriguez claimed further that Stiiizy intentionally fails to provide their workers with pay stubs in order to keep them in the dark about their hours worked. 

American Airlines, Amazon Fail To Appropriately Compensate Workers For Their Time

Wanting to be appropriately compensated for off-the-clock requirements is another common reason for an employee to file a class action lawsuit.

Last month, an American Airlines employee claimed the airline fails to adequately compensate its workers for time spent completing mandatory training. 

Plaintiff Robert Wilhem claims American Airlines requires its employees to do quarterly training modules which can take around four and five hours to complete.

American Airlines expects workers to complete the training outside of work, however, meaning they are not compensated for their time, according to the class action lawsuit. 

Also in February, Amazon asked a California federal judge to stay a class action lawsuit claiming the company failed to compensate its workers for time spent going through COVID-19 health screenings. 

Plaintiff Cristian Barrera claims Amazon required its workers to complete off-the-clock COVID-19 temperature checks before being allowed to clock in. 

In November, meanwhile, another class action lawsuit lobbied at Amazon — that alleged it fails to pay its warehouse workers minimum wage — was removed to federal court

Amazon worker Siwana Green claims the company fails to compensate its employees for time spent going through security screenings before and after their shifts, putting them in violation of minimum wage laws. 

Vail Resorts also recently faced allegations it failed to appropriately compensate its workers, however it agreed in January to pay $13.1 million to settle the claims.  

Workers claimed Vail had failed to reimburse them for equipment they bought out of pocket and to compensate them for time spent in training, meetings, and during meal breaks, among other things. 

Salvation Army, Uber, Target Under Fire For Worker Complaints

Being treated appropriately — including being paid on time — is another reason why an employee may file a class action lawsuit against a current or former employer. 

In November, four former workers in the Salvation Army’s Adult Rehabilitation Center program claimed the company profits off of exploiting its workers through forced labor which included threats of harm. 

The workers argued they were forced to work at least eight hours a day and at least 40 hours each week in order to receive food, shelter, and between $1 and $25 in pay per week. 

Last month, a federal judge in California sided with Uber drivers in certifying claims that they had been misclassified as independent contractors by the ride-hailing company. 

The decision came as Uber agreed to an $8.4 million settlement with drivers who claim they weren’t appropriately compensated due to the alleged misclassification. 

Also last month, a former Target employee claims the company failed to appropriately pay its manual workers every week, as required by New York Labor Law, instead paying them bi-weekly. 

Are you a California worker who has been denied wages or overtime pay? You may qualify to join a free California labor law unpaid overtime class action investigation.

Did your employer fail to pay you overtime, while doing off the clock work, or misclassify you? You may qualify to join a free wage & hour class action lawsuit investigation. 


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