The Fair Labor Standards Act (FLSA) provides for collective action lawsuits against employers for minimum wage and overtime pay violations. The U.S. Department of Labor has estimated that nearly 80% of all of employers are not in compliance with applicable wage and hour laws. The FLSA collective action procedure is similar to class action lawsuits in that it allows the aggregation of employees’ claims. The collective action procedure assists those employees who might otherwise be unable to protect their rights.
To proceed as a collective action under the FLSA, employees must be “similarly situated.” For purposes of the FLSA, similarly situated refers to employees subject to a common policy, plan or design that fails to compensate employees for minimum wage or overtime pay.
Unlike class actions, employees must “opt in” to the lawsuit, meaning they must affirmatively sign a document stating they want to proceed collectively. Generally, one or more employees initiate a lawsuit on behalf of themselves and others similarly situated. When other employees are given notice of the lawsuit, they can decide whether they wish to proceed.
Maginnis Law has experience proceeding collectively to help employees obtain the wages to which they are entitled. Our attorneys litigate all varieties of wage and hour lawsuits, ranging from individual claims to large collective actions. We have successfully recovered damages for our clients for allegations of misclassifying workers as exempt or as independent contractors, failure to pay “off-the-clock” activities, failure to pay minimum wage and overtime, and improper tipping practices.
If you have a wage dispute with your employer for unpaid compensation, contact the experienced attorneys at Maginnis Law, PLLC to protect your rights. The firm represents groups of workers in wage and hour cases throughout North Carolina, including cases involving unpaid bonuses, commissions, and vacation pay as well as overtime and minimum wage disputes. You can call our office at (919) 526-0450 or send a confidential email through our contact page.