Depending on the type of class action claim that has been asserted and knowing there was a violation of the law, an employee will likely receive more if they opt out and file their own lawsuit. On the other hand, if the amount at stake is nominal, all a potential class member has to do […]
Misclassified Employees in a Class Action
Quite often it happens that an employer has a policy that is applicable to a group of employees. That is where, typically, the class action vehicle may come in where a group of workers are harmed in the same way so that a single lawsuit against the employer can be brought on behalf of the […]
Employee classifications: weekend hours for managers
Frequently we’ve had cases where employees with employee classifications have claimed they were hourly , non-exempt employees and that they were told that they need to respond to text messages and e-mails over the weekend. They’d complain, “Hey, wait a minute. You’re not paying me for the time that I worked on the weekend, and […]
Proving hours worked in an unpaid overtime case
How do you prove how many hours someone worked a year ago? If there are records, it is a relatively simple task. However, if the employee was classified as exempt, they likely did not punch a time clock. However, there are other ways to prove how many hours and employee worked. For instance, if there […]
Unpaid Overtime Cases: Calculating Damages
Q: In an unpaid overtime case, when your law firm successfully gets an exempt employee properly reclassified as non-exempt, can what the employee recovers from their employer in terms of unpaid overtime and other damages be substantial? They can be. The size of the recovery largely depends on how many hours of overtime the employee […]
