Cleveland FLSA Collective Action Attorney
The Fair Labor Standards Act, or FLSA, establishes various laws and regulations pertaining to workers’ rights and employer obligations nationwide. To be sure, the FLSA addresses minimum wage, overtime pay, recordkeeping, and standards for youth employment.
While the FLSA may set standards and regulations, employers don’t always follow these rules. When an employee’s rights are violated, the employee maintains the right to file a complaint. And when a group of employees has their rights violated, the group can file a collective action together. For help with your collective action claim, call our Cleveland FLSA collective action attorneys directly today. We are here to help you.
What Is an FLSA Collective Action?
When employees’ rights to a minimum wage, overtime pay, or another protected right under the FLSA are violated, the employees have a right to bring forth a collective action claim. In order to do so, employees will need to establish that they are all impacted in a similar manner as a result of an employer’s actions. Employees who ‘opt-in’ to the suit are bound by the outcome of the resolution, but there is no obligation to opt-in.
Common Causes of Collective Actions
Collective actions arise out of violations of the Fair Labor Standards Act. The two most common types of FLSA violations that can lead to a collective action include:
- Minimum wage violations. Employees throughout Cleveland and the rest of the United States are entitled to earn the minimum wage. While the minimum wage set at the federal level is $7.25 per hour, the minimum wage in Ohio is higher — $8.80 per hour. Being denied the minimum wage is cause for an action.
- Overtime wage violations. Employees must be compensated at a rate of 1.5 times their hourly wage for any hours worked over 40 in a consecutive seven days. If an employee is not compensated at a rate of time and a half for hours over 40, their rights have been breached.
Advantages of a Collective Action Claim
If your rights under the FLSA have been breached, you have the right to bring forth an individual action. If others in your workplace have been impacted in the same way that you have, you also have the right to file a collective action. Filing a collective action can have certain benefits, including improved efficiency, cost savings, and ease in finding a lawyer. The more people who are involved, the more evidence there is against the employer, too. The downside is that with more people involved, the case could take longer to settle than it might otherwise.
Call Our Cleveland FLSA Collective Action Attorneys Today
If you have been a victim of a wage or hour violation under the Fair Labor Standards Act, you have a cause of action against your employer. If multiple people in your workplace have been impacted, filing a collective action claim might make sense. To learn more about collective actions, call our Cleveland FLSA collective action attorneys at the office of Coffman Legal, LLC today. We offer free consultations and work on a contingency fee basis.