Class Actions Overtime Wage Claims
For information on our most recent and current wage and overtime class action cases, click on the links below:
Berger v. Perry’s Steakhouse of Illinois, 14 cv 08543
Why Becoming a Class Action Plaintiff May Be the Right Step for You
If you are not being paid overtime properly, chances are your co-workers are also not being paid properly. That is why most of our overtime wage claims are brought on behalf of a group of employees; in what is referred to as a class action or a collective action.
Employers often bank on their employees’ reluctance to sue their employer individually, whether it be for lack of resources to sue on one’s own or fear of retaliation. A class action allows employees to sue as a group. There’s safety in numbers and it is the most economical way to right a wrong for a large number of people who are all being treated in the same way. In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of other people who have similar claims. The class representatives assist the attorneys in preparing the case by providing background information and being available to answer questions. If a class action overtime case is successful, in addition to their own unpaid overtime wages, a class representative may also be paid a stipend from the class fund for the assistance they have provided to the attorneys.
Common Overtime Pay Violations and Misconceptions
- Not paying employees overtime when they come in early or stay late (“off the clock” work).
- Paying an employee straight time for overtime hours.
- Not paying employees for reporting to work early for a required “shift hand-off” or other required pre-shift work activities.
- Not paying employees for the time spent donning and doffing Personal Protective Equipment (“PPE”) prior to the start of their shift or after the end of their shift.
- Believing that if an employee is paid a “salary,” they are exempt from overtime.
- Misclassifying an employee as “exempt” when they are “non-exempt” for overtime purposes.
- Classifying “employees” as “independent contractors” in order to avoid paying overtime.
- Believing an employee is entitled to overtime pay after working 8 hours in a day.
- Believing an employee’s overtime for pay for one week can be offset in another.
- Not properly paying employees who are “on call” or “waiting.”
- Automatically deducting time for meal breaks even though the employee has not taken a meal break or has not taken all of their allotted time for a meal break.
- Deducting for a meal break when the employee is not provided at least 20 minutes of uninterrupted “off the clock” time.
- Rounding an employee’s time in a manner that benefits the employer more often than not.
Our firm is well-versed in both state and federal wage and hour laws and can assist you in your wage claims, either individually or as a group. We will work with you to decide what approach to your overtime issues is best for you and your co-workers.
Contact us for information on how our attorneys can address your concerns and prevent or resolve disputes in this area of employment law. We are ready to serve as your DuPage County attorney for overtime claims.