Employers that violate federal and state labor laws typically do so to
many employees at once, not just a single worker. A class action lawsuit
allows a group of workers who have experienced similar injury to join
forces and pursue their claims in a single court action.
So if you were denied overtime pay, forced to hand your tips over to your
employer, made to work through unpaid breaks, or any suffered any other
wage and hour violation, our
New Orleans employment lawyer at
The Chopin Law Firm LLC is ready to protect your rights and best interests. We can evaluate your
case and build an effective, personalized case strategy to help you obtain
the compensation and justice you deserve.
Fling an FLSA Class Action
In order to bring a collective action, the workers in the case must be
“similarly situated,” meaning they must be subject to a common
policy or plan stemming from their employer. So if employees working in
different company departments or locations, but are under the same policy,
they can still file a class action lawsuit.
Common violations include the following:
- Misclassification of exempt employees
- Off-the-clock work
- Failure to pay overtime
- Unpaid on-duty meal and rest breaks
- Illegal tipping practices
- Improper recordkeeping
- Inadequate calculation of the regular rate
- Inadequate deductions from salaried employees
In an FLSA class action, the employees who wish to be included in the lawsuit
must affirmatively “opt-in” by signing a document to that
effect. Those who fail to opt-in won’t be included in the lawsuit
and won’t share the award if the lawsuit succeeds.
In general, there is a two-year time limit for filing a lawsuit under the
FLSA. If the employer willful violated the law, then the statute of limitations
is two years.
Take Collective Action Now!
Our New Orleans employment law attorney can help you determine if federal
or state labor law has been violated and whether a class action lawsuit
would be appropriate under the circumstances. We have obtained multi-million
dollar resolutions on behalf of our clients.
If you have any questions regarding wage and hour violations,
contact us and request a free consultation today.