909-663-2100 Representing Employees Since 1993



FLSA COLLECTIVE ACTIONS


Fair Labor Standards Act

The Fair Labor Standard Act (also referred to as the FLSA) is a federal law that regulates minimum wage and hour issues including overtime. Generally, California law is more favorable than the FLSA. For example, minimum wage under the California Labor Code is a much higher rate of pay than the bare minimum Federal requirements under the FLSA. Whereas overtime in California is based upon the number of hours worked in a day, in addition to the week, the FLSA only requires that overtime be paid if an employee has worked over 40 hours in a week. There are rare exceptions and situations in which a California employee should use the FLSA instead of, or in addition to, California Labor Code violations.

CALL 909-663-2100 TO FIND OUT IF YOU SHOULD BRING YOUR WAGE AND HOUR LAWSUIT UNDER CALIFORNIA OR FEDERAL LAW

Besides slightly different coverage than the California Labor Code, groups of employees cannot sue under the FLSA by way of a class action. They can, however, file what is called a collective action. A collective action under the FLSA is easier to establish than a class action under California law for California Labor Code violations. However, employees who did not bring the case have to opt-into the FLSA collective action. This means that once they are sent notice about the collective action they have to affirmatively state they want to be in the collective action. Under California law for California Labor Code violations, employees are automatically part of the class action unless they opt-out which means they indicate they do not want to be part of the class action.



WAGE LAWYER

Our wage and hour lawyers handle lawsuits on behalf of one employee, multiple employees, or class actions and collective actions. We also have a lot of experience in Private Attorney General (PAGA) lawsuits. Wage and hour lawsuits involve.

    Fair Labor Standards Act
  • • Bonuses Not Paid

  • • Commissions Not Paid

  • • Double Time

  • • Meal Breaks Denied/Prevented

  • • Minimum Wage

  • • Off-The-Clock/Unpaid Work

  • • Overtime

  • • Private Attorney General Penalties (PAGA Penalties)

  • • Paystub Violations

  • • Prevailing Wage (special rates of pay for construction workers on government projects)

  • • Rest Breaks Denied/Prevented

  • • Standby Pay (controlled standby which means not being paid for waiting to be called to work)

  • • Stock and Stock Options Employees Are Deprived of


      • WAGE AND HOUR LABOR LAW VIOLATION CASE RESULTS

      In recent years The Employment Lawyers Group has achieved the following results in our wage and hour cases. These are merely a few examples. You should not rely on these examples for valuing your case. Every case has different factors. The size of the employer, number of employee involved in the lawsuit, chance of winning, jurisdiction for trial, how well the case has been proven, whether the case has been tried or arbitrated, and damages are among some of the factors that influence case results.


      • $800,000 for Controlled Standby Violations

      • $800,000 for Overtime Due to Mis-Classified Independent Contractors (Not a Class Action)

      • $750,000 for Sub-Minimum Wage Pay

      • $450,000 Paystub Violations (Hours Not Reported Right for Class)

      • $515,000 in FLSA Collective Action Few Opt-ed Into

      • $450,000 for Controlled Standby Pay

      • $400,000 for Off-The-Clock Work, Missed Meal Breaks, Missed Rest Breaks, and PAGA Penalties (Case Was Arbitrated)

      • $360,000 for Missed Meal and Rest Breaks

      • $350,000 Prevailing Wage Violations

      • $300,000 for Controlled Standby Pay of Hospice Nurses

      • $350,000 for Mis-Classified Employee Due Overtime & Controlled Standby Pay

      • $250,000 for Unpaid Overtime & Mileage


      CALL 909-663-2100 TO START YOUR CASE FOR UNPAID WAGES WITHOUT ANY UPFRONT FEES OR COSTS