Paycheck lawyer is your source for updates to overtime laws in your state and at the Federal level. We keep you informed on the ongoing unpaid overtime class actions and are always searching for unpaid overtime news and alerts that may be of interest to our followers. Uber, the new interesting concept in drivers continues to be faced with class action overtime lawsuits.
An Uber class action law suit is now in federal court in Trenton, N.J. The lawsuit was originally filed by former Uber driver, Jaswinder Singh, in Monmouth County Superior Court on April 22nd and was moved to U.S. District Court for the District of New Jersey on May 27th. The suit claims Uber violated the New Jersey Wage and Hour Law and the New Jersey Wage Payment Law because the failed to pay overtime to drivers working more than 40 hours per week. Uber drivers in New Jersey and other states are currently classified as “independent contractors” under their contracts, meaning Uber has no legal obligation to pay the requested overtime wages. The Uber drivers in New Jersey are claiming they are eligible employees because they “completely relied on Uber for driving assignments” and did not have the independence to make important decisions.
Uber has faced a series of wage claim lawsuits. The first major case, O’Connor v. Uber Technologies, Inc., involved California and Massachusetts Uber drivers, similarly claiming they were wrongly categorized as independent contractors. That case was settled in April 2016. It left the independent contractor question unresolved. Uber drivers in Arizona, Florida, Illinois, New York, Ohio, and Texas have filed similar lawsuits.
Will these cases go to trial? If so, courts may have the opportunity to finally determine the employment status of Uber drivers. A designation of employee could result in overtime wages along with other legal protections offered exclusively to employees.
If courts do categorize the drivers as employees, how will it affect the Uber experience? Much of Uber’s success lies in its business structure. Designating drivers as independent contractors reduces or eliminates many expenses for the company and it allows for greater freedom for drivers. Will Uber have to make drivers employees?This will certainly change the internal structure of Uber,
Will Uber be able to continue settling these lawsuits? The large $100 million settlement has clearly attracted drivers in other states. We will soon see if Uber continues to settle these cases as a cost of doing business or if/when it will risk going to trial to decide the employee designation dispute. In December, 2015, The Wall Street Journal predicted the value of Uber could exceed $60 billion, so paying settlement claims to quiet disgruntled workers seems to be a viable option, at least for now.
If you are an Uber driver and would like to represent Uber Drivers in a class action lawsuit or wish to join one of the ongoing class action lawsuits contact paycheck lawyer.
Oil and gas field workers are constantly being cheated out of their overtime pay. Collective actions and class actions are often filed for large groups of workers collectively cheated by their employer.
Oil and Gas Field Workers Paycheck Lawyer
Oil and Gas Field Workers Paycheck Lawyer has experience filing lawsuits on behalf of oil and gas workers who are not getting paid their rightful overtime pay. These lawsuits continue to move forward and we are ready to help you.
How Do They Cheat You?
1. Oil and gas industry workers are often paid on a day-rate basis. Employees working on a “day rate” basis are entitled to overtime. Labor law that most protects oil and gas field employees and demands you earn 1.5 times your regular rate for hours worked over 40 hrs in a single workweek. That includes any day rate employee.
2. They fail to include bonuses in overtime calculations. Field, production, attendance and safety bonuses are given to oil and gas industry employees. If your employer is not taking this into account, they are cheat you out of proper overtime pay.
3. They misclassify workers as independent contractors.
Many employers misclassify welders, roughnecks, crane operations. They claim you are not entitled to overtime.
Attention Oil And Gas Field Workers- We File Overtime Class Action Lawsuits
Texas law requires employers to pay their employees overtime pay for time worked in excess of 40 hours in a work week at a rate of no less than one and a half their regular rate. Texas overtime pay is governed by the Fair Labor Standards Act, or the FLSA. Overtime lawsuits arise when an employer tries to avoid paying their employees the deserved overtime. If you have been cheated out of your overtime pay you may file a claim against your employer to collect your unpaid wages.
Many Texas Employers Attempt To Cheat Workers
The federal Fair Labor Standards Act (FLSA) requires that your employer pay non-exempt employees overtime. Many Texas employers violate federal and state overtime pay laws in a variety of ways.
They misclassify an employee as exempt
They require employees to work off-the-clock
They incorrectly calculate overtime pay How can I Sue For My Overtime?
If a Texas employer does not pay you for overtime, you can bring an employment unpaid overtime lawsuit to recover back wages that you are entitled to. Under the FLSA, an employee may be entitled to recover liquidated damages or an award of additional compensation, up to an amount equal to the unpaid overtime.
Do you think your Texas employer owes you overtime pay? Contact us today.
In California employers are required to pay overtime at the rate of one and one-half times your regular rate of pay for all hours worked in excess of eight up to and including 12 hours in any workday, and for the first eight hours of work on the seventh consecutive day of work.
Your Employer Will Use All Kinds Of Tactics To Cheat You
They may refuse to pay your overtime by claiming you didn’t ask for permission first.
They may tell you you aren’t owed overtime because you’re a part-time employee.
They will claim you are exempt from overtime pay.
They may try to give you comp time instead. There Are Other Sneaky Tactics
They will make you work through lunch and not pay you.
They force you to take work home and not pay you.
They will threaten to fire you when you ask to be paid for the amount of hours you work.
They force you work more than 40 hours a week and not pay you for the hours worked overtime and tell you you will be fired if you don’t.
They change your time records.
Speak to an overtime lawyer familiar with California state and federal unpaid overtime laws and find out if your right to overtime pay was violated .
New Jersey Paycheck Lawyer is helping employees in: Hoboken, Jersey City, Weehawken, Union City,
West New York, Guttenberg, Secaucus, North Bergen, Bayonne, Fairview, Cliffside Park, Edgewater, Paramus, Harrison, Kearny, Ridgefield, and nearby NYC get their unpaid overtime.
Do You Have A New Jersey Unpaid Overtime Claim?
DO You Want To Sue Your Bayonne, Jersey City, Union City Employer?
If you haven’t been paid all the money you’ve earned at work, you might have a legal Hoboken claim against your employer under New Jersey state or federal wage and hour law.
When Do I Have An Unpaid Overtime Wages Claim?
Do I Have An Overtime Wages Claim?
If there were minimum wage violations by your employer
If you were under paid and are a tipped employee
If your employer is taking too much in deductions
If your employer failed to pay for every hour you worked including:Working “off the clock”, before clocking in or after clocking out for the day
Meal or rest breaks that you had to work through
Not paid for hours at required training programs and classes
Travel time to a work assignment
Any waiting time you spent on the employer’s premises
Did Your Employer?
Make you work through lunch and not pay you?
Make you take work home and not pay you?
Threaten to fire you when you asked to be paid for the amount of hours you worked?
Make you work more than 40 hours a week and not pay you for the hours worked overtime?
Change your time records?
If you say “YES” to any of the above we need to speak to you about a potential unpaid overtime claim against your employer.