Fair Labor Standards Act (FLSA) Archives - Page 2 of 2

Kroger Named in Suit for Alleged Nonpayment of Overtime

In a suit filed in a California court last week, allegations of nonpayment of overtime have been made against Kroger Co. The complaint alleges that Kroger, along with other entities named in the suit, failed to pay drivers, dispatchers, and delivery support staff wages and overtime.

In addition to Jesse Blanco, lead plaintiff in the action, similarly situated employees are named in the action as well.

As alleged in the complaint, the stores routinely required plaintiffs to work more than eight hours per day and, in some instances, more than twelve hours per day. At times, plaintiffs were required to work more than forty hours per week, in some instances, seven days for extended time periods.

Additional allegations in the suit allege failure to provide meal and rest periods for plaintiffs, failure to provide accurate itemized wage statements to plaintiffs, and failure to pay wages to plaintiffs upon separation.

If you or someone you know thinks they have experienced unlawful employment practices, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609 or use our contact form.

Several Proposed Fair Labor Standards Act Settlements Rejected By Judges

In an effort to deter unfair and inequitable agreements in Fair Labor Standards Act claims, several federal judges have rejected proposed settlements which they believe are not in the best interest of the Plaintiffs. Such issues as monetary value compared to that of damage(s) claimed, confidentially provisions, and the release of future legal claims are issues that have been addressed by the federal court.

Earlier this week, a federal judge called a proposed settlement between employees and Aeropostale, Inc. one of the worst he had seen. After allegations that Aeropostale failed to pay its employees’ overtime in a timely manner were found to have merit, the parties attempted to reach a settlement in the action. The proposed settlement would have guaranteed that each claimant would receive between $0 to $588 in exchange for a release to bar future suits to such claims. In his decision to decertify the FLSA action, Judge William Alsup wrote, “No one should have to give a release and covenant not to sue in exchange for zero (or virtually zero) dollars.”

In a claim against Metlife, U.S. District Judge Josephine L. Staton took interest in the analysis of how the funds would be distributed between the employees. As set forth in the proposed settlement, service representatives who had been employed with the company less than 10 quarters were treated the same as those who had been employed with the company more than ten years. In Judge Staton’s opinion, the proposed distribution of funds would not have been an equitable division.

After a settlement was proposed between the parties in an action alleging that Bubba Gump did not pay wait staff overtime and forced them to work off the clock, U.S. Magistrate Judge, Karla R. Spaulding, took issue with the “sweeping release,” that would release individuals and/or entities not named in the complaint and release claims other than those listed in the complaint. Judge Spaulding also took issue with the confidentiality clause, which provided that the Plaintiff would be barred from discussing the terms of the settlement, the basis of her claims against the restaurant, and the fact that the claims existed.

If you or someone you know believes they have experienced unfair labor practices, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609 or use our contact form.

7 Tips To Winning Your Claim for Unpaid Overtime

Our attorneys are experienced in representing employees in claims for unpaid wages, including unpaid overtime. If you believe your employer is not paying you in accordance with the law, please contact us today. The tips below represent issues that we see arise again and again in these types of case. We hope you will find them useful. This is for informational purposes only, and does not constitute legal advice.

1. Know the basics. For most workers considered “non-exempt” under the Fair Labor Standards Act (FLSA), the law requires that the employee must be paid “overtime” pay for all hours worked over 40 per week, at a rate not less than one and one-half times the regular rate of pay. In addition, FLSA requires payment of a “minimum wage” ($7.25 per hour, as of June 10, 2014). If you are working more than 40 hours per week, and not being paid overtime for this work; or if you are not being paid at least minimum wage, the law allows you to bring a civil suit in federal court to recover double all unpaid wages. Many attorneys, including our firm, are willing to take these cases on a contingency basis, because the law also allows attorneys to recover a reasonable fee for their work, if they prevail.

2. Record your hours worked. Your employer may not be keeping up with your actual hours worked. This may be because the employer has improperly classified you as a “salaried” or otherwise “exempt” employee. Your employer may also be calling you an “independent contractor” in order to avoid the obligations that an employer owes to his employees. Don’t let any of this deter you from keeping a record of the hours you actually work. You will strengthen your hand if you can produce a detailed record of the hours you’ve actually worked. You can use a notebook, a computer program, or whatever works for you to keep up with your time.

3. Keep track of any “off the clock” work. Another common wage and hour issue is employers requiring their employees to do work “off the clock,” for which they are not paid. However, in general, if you are working on-site, performing tasks for the benefit of your employer, you should be compensated for that time. Some examples of this includes “prep work” for your regular duties, such as preparing food to be cooked, filling out start-of-day paperwork, and time spent putting on any specialized uniform of equipment. Keep track of how much time you spend doing this work.

4. Remember: labels are not important. Many employers try to avoid overtime by telling their employees they are “exempt” from the Fair Labor Standards Act, either because they are paid a salary, because they are an “independent contractor,” or various other excuses. Oftentimes, employers will classify someone as a “manager” or a “supervisor,” even though the vast majority of their duties involve taking orders, and not giving them. Don’t take for granted the label placed on your job by the employer. The employer may not know what he or she is talking about, and he may even be intentionally shirking the law. A knowledgeable attorney can help you to decipher whether you are in fact entitled to overtime compensation.

5. Evaluate your duties. In general, if you spend most of your time working under the supervision of another, if you do not have significant discretion as to the manner and means of doing your job, or if your time is spent primarily doing manual labor, you should probably be classified as “non-exempt” from the overtime laws. You should be getting paid by the hour, and paid time-and-a-half for all hours worked over 40 per week. If you believe your employer is improperly denying you overtime pay, an experienced attorney can help you to evaluate whether your duties truly make you exempt or not.

6. Speak up! This is a tough one. Many employees are afraid to speak up at their workplaces because they fear retaliation. The law does forbid retaliation. Nonetheless, the fear remains. This is ultimately a choice you will have to make: to blow the whistle, or not? However, speaking up, and speaking to other employees, may have the benefit of helping you learn whether the employer is paying you according to the same rules as other employees. It can help you to gather information. And it may just lead the employer to correct the problem! If you have suffered retaliation as a result of objecting to the wage-and-hour practices of your employer, please contact us right away. The law is there to protect you.

7. Contact legal counsel sooner, rather than later. Most claims for unpaid overtime carry a two-year statute of limitations. Therefore, you should contact counsel without delay to determine if you are entitled to unpaid compensation. As time passes, you may be losing your right to back pay.

Dollar bill photo courtesy of photosteve101.