FIREFIGHTERS FILE LAWSUIT FOR UNPAID WAGES

A group of northern California firefighters has filed a lawsuit against the Menlo Park Fire Protection District over the time they spend picking up uniforms and other gear before their shifts begin. The lawsuit claims that firefighters should be paid for the time they spend driving to different stations and picking up and dropping off gear.

The employees’ lawsuit is seeking “monetary damages in the form of full back pay compensation, liquidated damages equal to their unpaid compensation, plus interest.”  

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Administrative Assistant Files Lawsuit for Unpaid Overtime Pay

An administrative assistant has filed a lawsuit against her employer for unpaid overtime pay.  The administrative assistant claims her employer, Blackstone Group LP, required her to work 45-50 hours per week and owes her almost 2 years worth of overtime pay.

Her employer claims she was an “exempt” employee under the Fair Labor Standards Act (“FLSA”) because she was in a management position.  The plaintiff claims she was misclassified her as management and is due overtime pay.

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If you have worked more than 40 hours in one week for you employer and you have not received overtime pay (time and a half), you may be entitled to money damages. 

OVERTIME PAY LAWSUIT SETTLED FOR $42 MILLION WITH STAPLES

The Boston Globe is reporting  Staples Inc. has settled a class action lawsuit which alleged Staples failed to pay assistant store managers overtime pay.  The class representative alleged class members worked more than 50 hours per week and performed duties that did not include management duties.  The putative class members alleged they are entitled to overtime pay from Staples. 

The $42 million settlement includes more than 5500 current and former Staples employees. 

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UPS Settles Class Action for $12.8 Million

U.S. District Judge Phyllis Hamilton of the Northern District of California has approved the preliminary class action settlement agreement  between UPS delivery drivers and their employer, UPS Supply Chain Solutions.  The UPS employees claimed they were denied benefits and overtime pay when their employer misclassified them as independent contractors.  because they were misclassified  Supply Chain Solutions.

The class action includes approximately 660 putative class members and UPS has issued a statement that it has changed how it uses independent contractor based on the allegations made by the class members.

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The misclassification of employees as independent contractors is a violation of the Fair Labor Standards Act (FLSA).

Are you an employee or independent contractor? The answer is dependent on the degree of control the employer exercises over the employee, as well as the applicable test, which varies under different federal and state laws.  Generally, the classification of workers implicates many significant issues: (1) whether income taxes must be withheld and FICA payments made; (2) whether state law unemployment compensation or workers’ compensation laws apply; (3) whether employees qualify for health and retirement benefits governed by ERISA, leave under the FMLA or analogous state laws, overtime pay under the FLSA or vacation pay under state wage payment laws; and (4) whether workers can bring claims under the myriad of federal and state anti-discrimination and other labor and employment laws.

If you or a loved one have been classified as an independent contractor and you believe you are an employee, then you may be entitled to money damages under the FLSA.  Contact one of our employment attorneys for a free legal consultation.