Class Action Overtime Continues to Pile up In San Francisco
California class action lawsuits for overtime continue to grow as employers deprive their employees.
A number of class law suits have been filed so far but still this menace of misclassifying the employee goes on. Employers are finding newer and sneakier ways to classify their employees as exempt so that they don’t have to pay the overtime. On the other hand, the employees are also unaware of their rights which makes them more vulnerable to exploitation by the employer. Most of the employees think that the title they are working under determines whether they should be an exempt employee or non-exempt, but this is far from the truth.
The only thing that can accurately determine the nature of the classification of the employee is their actual work and their earnings. If the employee is fulfilling these three conditions then he may be classified as an exempt employee:
*Earning double of the minimum wage, that is $37,440 per year
*Performing administrative duties such that he has the right to exercise independent judgment
*At least half of his duties require him to supervise subordinate workers
These conditions show that the employee wouldn’t be entitled to overtime pay, but if these are not the duties that are performed by the employee and he is classified as manager or administrative person, then it is likely a misclassification and he has the right to contact a San Francisco labor law attorney at UELG in order to seek compensation under the law.
How do you stand up for your rights and collect what you are owed?
The better way to deal with the problems is that if the employee has come to know that he has been misclassified he should file a class law suit. This would be one way to discourage the employer from repeating these unethical practices. But it has been observed that even after paying the owed overtime payment, employers stay engaged in such activities. The most effective way to discourage him is if all the people who are victims of being misclassified file the class law suit. This would make the employer pay hefty amounts and may, in the future, stay away from such practices.
Sometimes only one employee files the class law suit on behalf of all people working in that firm who are faced with the same conditions. This might reward such efficient employee such that on winning of the case he would be entitled to get more money than the other employees who did nothing and stayed idle. So look around and if you and your peers are victimized, get the class law suit brought to action.
Types of class law suits other than misclassification:
Sometimes the misclassification is done and sometimes the employers pay the overtime, but not at the one and a half times the employees’ regular wage. This is also considered a violation of the law. The other class law suits include claims for the missed meal breaks, rest breaks, non-payment of business miles and failure of payment of bonuses. Other violations may be that the employees are made to pay for their uniforms or pay for the check fees at withdrawal of their wages, or not paying for the meetings that are mandatory.
If you are facing any of these problems or hurdles, you should immediately contact a San Francisco Employment Attorney at United Employees Law Group. We will assist you in seeking all monies owed, and there is never a fee until we win your case.