Uber Is Facing Unpaid Overtime Lawsuits

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.


Paycheck Lawyer Gets You Your Overtime Pay

If you have been cheated out of your overtime pay in Florida, New Mexico and Illinois you need to know your rights.

The federal overtime provisions are stated  in the Fair Labor Standards Act (FLSA). Unless you are exempt, you are covered by the Act  and must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit stated  on the number of hours employees aged 16 and older may work in any workweek. The law does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days.

The law for Florida, New Mexico and Illinois  applies on a workweek basis. Your  employee workweek is a fixed and regularly recurring period of 168 hours or seven consecutive 24-hour periods. It need not coincide with the calendar week. It  may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned.

The bottom line is if you worked over 40 hours in a work week and got cheated out of your overtime pay you need to call the overtime lawyer – Pay Check Lawyer and get your fair pay.


South Florida Fast Food Chain Overtime Lawyer

South Florida Fast Food Chain Overtime Pay Lawyer

James Loren protects the right of fast food chain employees to get their fair overtime pay in S.Miami, Miami,  Miami Beach, Hollywood, Hallandale, Ft Lauderdale, Pompano Beach, Coral Springs, Boca Raton, West Palm Beach, Delray Beach and all of Dade , Broward and Pal, Beach County Florida.
James Loren is your overtime violations lawyer against  ihop and other fast food chain restaurants in South Florida: A&W Restaurants, Arby’s, Baskin-Robbins, Blimpie, Bojangles’ Famous Chicken ‘n Biscuits, Carvel Ice Cream, Checkers / Rally’s, Chick-fil-A, Chipotle Mexican Grill, Hardee’s, Jack in the Box, Jamba Juice, KFC, Krispy Kreme, Little Caesars Pizza,Long John Silver’s,
McAlister’s Deli, McDonald’s, Moe’s Southwest Grill, Oberweis Dairy, Pancheros Mexican Grill, Papa John’s Pizza,Pollo Tropical,
Sbarro, Schlotzsky’s Deli, Starbucks, Subway, TCBY, Taco Bell, Wendy’s, Applebee’s, Baja Fresh, Boston Market, Burger King, Chicken Out Rotisserie, Chili’s, Chipotle Mexican Grill, Denny’s, Dunkin’ Donuts, El Pollo Loco, El Taco Tote, Friendly’s, McDonald’s, Nathan’s, Panda Express, Panera Bread, Pei Wei Asian Diner, Pizza Hut, Portillo’s, Potbelly Sandwich Works, Qdoba Mexican Grill,House of Pancakes, KFC, Hooters,  Rubio’s Fresh Mexican Grill, Ruby Tuesday, Subway, T.G.I. Friday’s, Taco Bell, Taco John’s, Tijuana Flats and others

IHOP Loses Overtime Pay Lawsuit

In 2009, the U.S. Department of Labor found local IHOP franchises had violated overtime laws in paying 35 employees. Cooks and one manager were paid salaries with no additional overtime, bus-persons and dishwashers were paid in cash at their regular pay rate instead of time and a half, and servers were paid an incorrect tip overtime rate. Those franchises were forced to pay out more than $64,000 in back wages.

If you are an employee of a fast food restaurant chain and think you were cheated out of your overtime pay, call the Loren Law Group.


Department Of Labor Unpaid Overtime News Release

Overtime Lawyer James Loren

Keeps You Updated On The Latest Unpaid Overtime News

 

We have just found out that LinkedIn has paid  nearly $6M in unpaid overtime wages and damages
to 359 employees following a US Labor Department investigation.

LinkedIn Corp. has paid $3,346,195 in overtime back wages and $2,509,646 in liquidated damages to 359 former and current employees working at company branches in California, Illinois, Nebraska and New York. An investigation by the U.S. Department of Labor’s Wage and Hour Division found that LinkedIn was in violation of the overtime and record-keeping provisions of the Fair Labor Standards Act. When notified of the violations, LinkedIn agreed to pay all the overtime back wages due and take proactive steps to prevent repeat violations.

“This company has shown a great deal of integrity by fully cooperating with investigators and stepping up to the plate without hesitation to help make workers whole,” said Dr. David Weil, administrator of the Wage and Hour Division. “We are particularly pleased that LinkedIn also has committed to take positive and practical steps towards securing future compliance.”

LinkedIn failed to record, account and pay for all hours worked in a workweek, investigators found. In addition to paying back wages and liquidated damages, LinkedIn entered into an enhanced compliance agreement with the department that includes agreeing to: provide compliance training and distribute its policy prohibiting off-the-clock work to all nonexempt employees and their managers; meet with managers of current affected employees to remind them that overtime work must be recorded and paid for; and remind employees of LinkedIn’s policy prohibiting retaliation against any employee who raises concerns about workplace issues.

“Off the clock’ hours are all too common for the American worker. This practice harms workers, denies them the wages they have rightfully earned and takes away time with families,” said Susana Blanco, district director for the division in San Francisco. “We urge all employers, large and small, to review their pay practices to ensure employees know their basic workplace rights and that the commitment to compliance works through all levels of the organization. The department is committed to protecting the rights of workers and leveling the playing field for all law-abiding employers.”

The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 per hour for all hours worked, plus time and one-half their regular hourly rates for hours worked beyond 40 per week. The FLSA provides that employers who violate the law are, as a general rule, liable to employees for their back wages and an equal amount in liquidated damages. Liquidated damages are paid directly to the affected employees. Additionally, the law requires employers to maintain accurate time and payroll records, and it prohibits retaliation against employees who exercise their rights under the law.

For more information about  wage and hour claims call the Loren Law Group


Fort Lauderdale Overtime Lawyer

The overtime paycheck  lawyers in our Fort Lauderdale employment law firm  will represent you in all types of cases involving violations of federal and state overtime laws. We are experienced in all  failure to pay overtime wages claims.

If you believe your overtime pay  rights have been violated,  contact our Fort Lauderdale office

Your Right To Fort Lauderdale Overtime Pay
Under the FLSA Fort Lauderdale employers are required to pay employees an overtime rate of one and a half times their regular rate for all hours worked in a workweek in excess of 40, unless the employee is  exempt from the FLSA’s overtime requirements. 29 CFR 778.107. If  a non-exempt employee does not work more than 40 hours in a workweek, an employer is not required to pay overtime even if the employee works more than eight hours in one day or whether the employee works on a holiday, a Saturday, or a Sunday.  To calculate your  appropriate amount of overtime owed, your employer, must  first determine the your regular rate of pay and hours worked  in the applicable workweek.

Florida Follows FLSA Rules For Overtime Pay

For covered, nonexempt employees, the Fair Labor Standards Act (FLSA) requires overtime pay at a rate of not less than one and one-half times your regular rate of pay after 40 hours of work in a workweek. Some exceptions to the 40 hours per week standard apply under special circumstances to police officers and firefighters employed by public agencies and to employees of hospitals and nursing homes.

Some states also have enacted overtime laws.  Florida does not have overtime laws and follows the FLSA guidelines.

To find out if you have a claim agianst your employer for overtime pay, call us today