Heba Elsherif  |  February 12, 2018

Category: Labor & Employment

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low wages, wage and hourLeft Right LLC, a New York- based television production company, and the company’s co-president, Banks Tarver, face a recent California wage statement class action lawsuit alleging violations of the Fair Labor Standards Act (FLSA) for failure to provide accurate wage statements and for failure to pay overtime and minimum wage.

Plaintiff D. Ednie and A. Flores–the complaint does not state their first names–file the California wage statement lawsuit in California federal court on behalf of themselves and all proposed Class Members similarly situated.

Ednie was employed by the company as crewmember on the production (“History of Science Fiction-LR”) between July 5, 2017 and July 6, 2017. Ednie says that it wasn’t until July 21, 2017 that he was paid for his July 5 day of work. He was not paid for his work on July 6 until Sept. 8, 2017.

Flores states that he was hired as a crewmember on the production between May 15, 2017 and July 14, 2017. He says that the company was routinely late in his and others payment of wages and that they also failed to pay him proper overtime wages.

According to the California wage statement lawsuit, the plaintiffs state that they were “not timely paid, not paid proper overtime, doubletime, and/or premium wages, and were not provided proper wages statements.”

FLSA Class Action Lawsuits

According to the Department of Labor (DOL), “[t]he FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and Local governments.”

An FLSA class action lawsuit allows individuals to sue their employers for having been denied any rights under state and labor wage and hour laws. Some rights commonly violated include being forced to work through unpaid breaks, being required to hand over tips to an employer, and being denied overtime pay.

Through an FLSA class action lawsuit, a single lawsuit, termed a “collective action,” allows employees with similar grievances to band together and assert their rights as a group. By coming together and by taking part in a collective action against an employer, it allows for several advantages. Some advantages include efficiency, allowing plaintiffs to save time and money, and ease in finding an attorney to file a wage and labor claim.

Under the FLSA, there are no limits to the number of hours an employee may be required by their employer to work within a workweek or workday. However, overtime pay as required by federal law, amounts to a rate of one and half times the regular rate of pay for all hours worked more than 40 hours. Overtime pay is mandated by federal law, unless an employee is classified as “exempt.”

In addition to federal wage and hour violations, many class action lawsuits pursue claims against their employers through state law. Wage and hour lawsuits may also be much more common in California, as the state does more to protect its employees. For example, California law sets a higher bar for minimum wage, mandated breaks, and sets overtime pay at not only 40 hours per week but for any given day an employee works more than eight hours in a single day.

The California Wage Statement Lawsuit is Case No. 2:18-cv-00519-MWF-JPR, in the U.S. District Court for the Central District of California.

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