I know someone that works six days a week from 9-6 and was promised 200 a week(well below the min) but their boss hasn't paid them 200 ever since they got hired there. He would stick her with just giving her 160 180
Failure to pay minimum wage is an on its face violation. If the company does over $500,000 gross revenue for the year, the stringent penalties from the Fair Labor Standards Act (FLSA) kick in and the boss may be liable for the actual deficiency, double damages, and attorney fees and costs on the side. Not to mention that paying someone like that is just not fair! Oftentimes where there is smoke there is fire, and a company that shamelessly deprives one employee of wage often has many other labor violations its committing and warrants further analysis.sSee question
During working hours I was the best employee, after hours we had our affair. Can his wife legally fire me from her husband's office on the grounds of because she does not want the affair going on therefore her husband has to let me go or better fi...
Your case may be actionable on many levels. If you reported directly into the boss and there was intimacy you may have a case of sexual harassment. Furthermore, it's unclear how the wife has the power to fire, but assuming your termination has nothing to do with your job performance you may have a case of wrongful termination. There are many other fact sensitive grounds and also time sensitive triggers for filing a prerequisite EEOC and it is best to consult with an attorney that handles such matters immediately that will help you through this and preserve your rights.See question
in terms of how much u can get if awarded any amount of compensation i would assume the plaintiff could get more than the 'class action' cause in a class action u need to 'share' that $100,000
Many more facts need to be known regarding your damage calculus, but a lead plaintiff in a class actions stands to have an additional avenue of recovery so may be awarded greater damages than he or she normally would be entitled to via a mechanism known as an "incentive award." The "incentive award" is likened to a whistleblower award and my involve a percentage of the total recovery given to you as a lead plaintiff.See question
My boyfriend has worked as an independent contractor for a courier company in california for over 3 years. He has to rent his equipment and vehicle from the company, as well as buy their uniform. Lately, the vehicle he is renting has had major iss...
The first thing to review is whether he is properly classified as an independant contractor versus an employee. Is he free to take other work? Does the employer dictate most, if not all, the terms of employment? On my profile, I have a legal guide that takes you through the test, but its best to speak with a professional who has handled such matters before to flush out the details of his fact pattern. Many times where there is one labor violation there are many. The vehicle issue sounds like it would break in his favor, unless there is a written contract to the contrary and he is found not to be an employee. If this effects many people it could be a good class action to remedy the collective rights of those that were misclassified and address the systemic issue regarding the vehicle and proper wages.
Jason T. Brown
Clocked me back in. I worked from 5 to mid. She clocked me out for that week and clocked me in for the next week. This would have gave me 18 hours over time. Instead of 7. I don't know if this is normal. We have to sign it on Monday to start the n...
This is an illegal pay practice. The employer has the right to define the work week, but once the week is defined you are entitled to overtime for any hours over 40 if you are a non-exempt employee. For example, if you worked 52 hours in week 1, the employer can't carry over those 12 hours into the next week, have you only work 28 hours in week 2 and then say you are not entitled to the 12 hours of overtime from week 1.See question
I received a document stating that a class action suit is pending and, according to my records,I qualify as a class member. If I dont "opt out" in writing I remain a member but also give up my rights to sue independently.The court has decided that...
In consumer litigation, the class mechanism enables the masses to litigate a predominate problem, even if the individual claims are generally cost prohibitive to litigate. For example, assuming you even have $1,000 in damages in this matter,it will be difficult to find a firm to fully litigate the matter by spending tens of thousands in discovery, expert and other costs, and a considerable amount of time to recover the $1,000. However, if you pool 1000 plaintiffs, it will enable the class to have a meaningful recovery and counsel to recoup their expenses and time. In the instant matter, if you opt-out you need to consider how much extra money you stand to gain AND how are you going to prove your case to achieve that result.See question
I work for a company that employees 70 people, for the past year and a half my employer has deducted our 401 K funds from our pay check and none of these funds have been deposited into our 401 k oppenheimer accounts . I live in colorado and need...
ERISA laws govern the handling of 401K accounts. This case would be suitable for a class action and my firm would be happy to look into it, but the key (and unfortunate) question is where is the solvent party to collect the misappropriated funds from? Someone unscrupulous enough steal pension funds is almost certain to not be solvent enough to pay it back. As other commentators have pointed out, the plan is supposed to be bonded, but in the case of an outright fraud a bond may not even exist. From experience, it is better to act sooner rather than later as the quicker it is in Court, the better chance you have for some recovery and reclaiming some funds, and immediately stopping the illegal practice. Oftentimes these individuals are articulate and will come up with one implausible excuse after another to bide time. Speak with counsel ASAP.
Jason T. Brown
I am a licensed attorney in NY. I hold an H1b. I am employed by a Company as a clerk of the legal dept. (there are not 'in house' attorney). The manager of the dept. does not even have a legal background. Is there any minimum salary that I ...
You need to review the prevailing wage scale to see where you fit in under the Department of Labor AND since you are on an H1B, there should have been a filing with the government that already indicates your salary. The min. wage for non-tipped employees does not vary from profession to profession.See question
I get a one hour lunch, wich is great! What's not so great is, I have to stay in the store clocked out on my own time and cannot leave? I don't think that is right? It's my time, not there's, I'm clocked out. My boss says for sucurity reasons a...
If you are an hourly non-exempt employee, the employer is under questionable grounds to dictate where you spend your lunch, however, the real question is are you doing actual work during your lunch and not just constructively adding with the head count. Some courts may be persuaded by the fact you can't leave as a condition of employment that you might be entitled to pay for that hour. Without doing any research, my instinct is that with that fact alone you will not meet your burden, but where there's smoke, there's fire, so please consult with an attorney that handles wage and hour laws to see what can be done. Best of luck.See question