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.


Florida Paycheck Lawyer | Unpaid Overtime Lawsuits

Your Florida Paycheck Lawyer is committed to getting you your  unpaid overtime. We can help you file an  unpaid overtime lawsuit in  Boca Raton, Bradenton, Cape Coral, Clearwater, Coral Gables, Daytona, Delray Beach, Fort Lauderdale, Fort Myers, Fort Pierce, Fort Walton Beach, Gainesville, Hialeah, Hollywood, Homestead, Jacksonville, Key West, Kissimmee, Lakeland, Largo, Melbourne, Miami Miami Beach, Naples, New Smyrna Beach, Ocala, Orlando, Panama City, Pensacola, Plantation, Pompano Beach, Port Saint Lucie, Palm Beach, St. Petersburg, Sarasota, Tallahassee, Tampa, Tarpon Springs, Titusville, Venice, Vero Beach, West Palm Beach, West Pensacola, Winter Garden, Winter Haven, and Winter Park. FL and get your employer for your unpaid overtime.

Florida  Overtime Wages Attorney For Unpaid Wages and Unpaid Overtime

Has your  Miami, Ft Myers, Ft Lauderdale, West Palm Beach, Orlando, Tampa employer denied you your full wages or overtime pay? James Loren has close to 20 years of experience  get their unpaid wages.

Do You Have An Unpaid Overtime Claim?
DO You Want To Sue Your Miami, Orlando, Kissimmee, Boca Raton, Ft Lauderdale Employer?
If you haven’t been paid all the money you’ve earned at work, you might have a legal claim against your employer under Florida  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?

Speak to a Florida overtime lawyer today.


Publix Unpaid Overtime Lawsuit

Unpaid overtime lawyers have just found out that Publix settled an unpaid overtime lawsuit filed by employees cheated out of their overtime pay. Publix Super Markets, Inc., commonly known as Publix, is a supermarket chain based in Lakeland, Florida. Publix has supermarkets in Florida, Georgia, Alabama, South Carolina, Tennessee, and North Carolina.

 $30M Settled With Employees In An Overtime  Claim

Publix Super Markets Inc. will pay $30 million to settle a collective action for  failure to pay overtime to department managers based on a “fluctuating workweek” calculation method.
Under the proposed deal, Publix — which operates about 1,000 supermarkets in six states — will pay $7.7 million to all opt-in plaintiffs, as well as $15.5 million to all other department managers and assistant managers who were paid overtime based on a “fluctuating workweek” during roughly the past three years. One-third of the settlement amount — or about $6.6 million — will be allocated for plaintiff attorneys’ fees and expenses, subject to court approval.

Further, the plaintiffs have requested payments of $7,500, $2,500 and $2,500 to plaintiffs Amanda Ott, Bruce Bogach and April White, respectively, for their work in representing the class.

The lawsuit was filed in 2012 and  claimed  Publix failed to pay the required amount of overtime under the Fair Labor Standards Act because it didn’t include employee bonuses in calculating regular rate of pay.

In 2013, the court conditionally certified a class of all current and former department managers and assistant managers who worked more than 40 hours in one or more weeks during the relevant period in a collective or class action. 1,583 employees  opted into the lawsuit.

There is another case pending before the same court accusing Publix of failing to include overtime pay considerations in holiday bonuses and other benefits for hourly employees. The chain has strongly denied those allegations, arguing the plaintiffs have mischaracterized how employee bonuses are actually calculated, and that the benefits in question were handled in accordance with the law.

If you are a Publix employee or an employee of any other supermarket and your employer has cheated you out of overtime pay, you may be a misclassified worker. A supermarket employee’s rate of pay needs to exceed 1.5 times the minimum wage.

 


Texas Overtime Attorneys For Misclassified Workers

Were you  Unlawfully Classified as an  Independent Contractor?

Did your employer fail to pay you an overtime wage in violation of the Fair Labor Standards Act?

It is critical that you speak to an experienced Dallas, Houston, Abilene, Amarillo, Austin, Arlington, Beaumont, Brownsville, College Station, Corpus Chrisit, Del Rio, Denton, EL Paso, Fort Worth, Galveston, Houston, Huntsville, Killeen, Laredo, Lubbock, Mcallen, Odessa, San Antonio, San Marcos, Tylor, Victoria, Waco, or Wichita Falls  unpaid overtime  lawyer.

Oil Field Workers Sue For Unpaid Overtime

Recently  a former project lead filed a lawsuit in the Southern District Court of Texas seeking overtime pay from ConocoPhillips and ConocoPhillips. He brought the case on behalf of himself and  other  project leads nationwide who were paid a day rate with no additional overtime pay. The lawsuit claimed  unlawfull  classification  of  workers as independent contractors, and failed to pay them an overtime premium in violation of the Fair Labor Standards Act. The lawsuit seeks overtime pay, plus double damages.

A federal study shows  that an estimated 3.4 million employees are classified as independent contractors when they should be reported as employees.

Have you been classified as and independent contractor?  This is one of the ways employers try to get out of paying you overtime pay. Very often this classification is incorrect and you are actually entitled to overtime pay. Worker misclassification continues to mount in Texas.

Fight For Your Rights To Overtime Pay

Employee classification affects your getting paid overtime pay.  Whether you are exempt, non-exempt, or considered an independent contractor results in your getting the pay you are entitled to. You may be entitled to back-wages and other benefits under the law.

At Texas Paycheck Lawyer  our  overtime attorneys represent misclassified workers to get them the overtime compensation  they deserve.

Misclassifying Employees

(FLSA)  law states  that non-exempt employees in get  paid overtime pay for all hours worked over 40 hours a week. Certain employees are exempt from these requirements.

Exempt employees are typically employed as executive, professional, administrative, and outside sales employees.  Job titles have been used by employers to get  exempt status. Employees must meet certain tests regarding their job duties under both federal and state employment law to be considered exempt.

A Way To Cheat  You Out Of Overtime Pay

Misclassifying employees as independent contractors is one of the tricks employers use to get out of paying you overtime pay.
Employers will  incorrectly classify workers as independent contractors rather than employees.   This results in workers having the  rights of  employees entitled under the Fair Labor Standards Act (FLSA).

Have  You Misclassified?

Think your employer has misclassified you?  Get a free  consultation are available with our unpaid overtime attorneys.

 

 

 


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.