FLSA COLLECTIVE ACTIONS
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.
- 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
Our Firm: No upfront fees or costs
Contingency Fee Representation
All employment cases for employees are taken on a contingency basis. We are only paid a fee when and if we win your case, and we advance all litigation costs. Our goal is to make expert legal representation accessible to every hardworking employee.
Serving San Bernardino County
We have proudly served all of San Bernardino County since 1993.
The Employment Lawyers Group has successfully handled
2,000+
Separate California Employment Cases
Media Engagements
Sample Case Results
Employment Case
$18,402,868
Jury verdict for male visually harassed and subject to crude comments by a female manager
breach of commission contract
$1,150,000
Unpaid commissions of two plaintiffs
unpaid wages
$875,000
For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call
Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case.
Practice Areas
Discrimination
Age, Disability, Family Medical Leave (FMLA/CFRA), Gender, National Origin, Pregnancy, Race, and Sexual Orientation claims.
Unpaid Wages & Overtime
Recovering earnings for Overtime, Bonuses, Commissions, Meal & Rest Breaks, and Prevailing Wage violations.
Sexual Harassment
Compassionate and effective representation for victims of sexual harassment and hostile work environment claims.
Wrongful Termination
Representing employees terminated in violation of public policy, contracts, or California and Federal law.
Leaves & Retaliation
Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.
Whistleblowers
Advocating for employees who report fraud, waste, or abuse in their organizations under whistleblower protections.
Our California Locations
Bakersfield
5401 Business Park S, #214,
Bakersfield CA 93309
Los Angeles
Orange County
Riverside
Sacramento
777 Campus Commons Rd, #200,
Sacramento CA 95825
San Bernardino
San Diego
San Francisco
524 Union St, #400,
San Francisco CA 94133
San Jose
Sherman Oaks
Torrance
Ventura
Additional Sites
BostonLaborLaw.com
DcLaborAttorney.com
FresnoEmployeeLawyer.com
JobLawyer.net
MarylandLaborAttorney.com
ModemStud.com
VintageLosAngeles.org
WorkLawyerCA.info
About Firm Founder, Karl Gerber
Firm Founder, Karl Gerber, has been an employment wrongful termination attorney since 1993. He has represented a wide range of employees throughout California.
Mr. Gerber has won 51 of the binding arbitrations and jury trials he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation.
The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been extensively trained on employment wrongful termination by Karl Gerber.
Ready to Discuss Your Case?
Your rights as an employee matter. Contact us for a free, confidential case review.
Prefer to speak directly?
Call Us: (909) 663-2100