The Fair Labor Standards Act (FLSA), a federal law created in 1938, provides the groundwork for employers when it comes to paying their employees. The FLSA requires that employers pay overtime appropriately, comply with minimum wage, and observe record-keeping standards. Despite the rules set out in the FLSA, numerous employers violate minimum wage, overtime, and other rules on a regular basis, cheating their employees out of fair compensation. Sometimes an entire office, restaurant, construction job, or other type of workplace gets cheated. In these cases, an employee may bring an FLSA collective action claim, which is a lawsuit against the employer on behalf of all of the affected coworkers. Our Dayton FLSA collective action attorneys can help you file a collective action against your employer to recover your unpaid wages and overtime, as well as help your coworkers do the same.

When Can I File an FLSA Collective Action Claim?

You can bring an FLSA collective action claim if your employer has failed to compensate you and your coworkers by:

  • Withholding wages;
  • Withholding overtime pay (time and a half); or
  • Violating minimum wage.

Millions of employees around the country are victims of minimum wage theft. Additionally, a recent study found that Americans are working longer hours without being paid for it, according to the National Employment Law Project. Federal and state laws are not strong enough in many cases to properly protect employees, and employers are finding ways to cheat their employees out of overtime compensation.

Damages in an FLSA Collective Action Claim

The employee who brings the collective lawsuit, as well as that employee’s co workers who have been similarly affected, are subject to compensation for the following damages:

  • Unpaid wages;
  • Unpaid overtime;
  • Attorney’s fees;
  • Expenses for pursuing the lawsuit; and
  • Liquidated damages.

Difficulties of Bringing an FLSA Collective Action Claim

Just recently, the U.S. Court of Appeals for the Seventh Circuit held that “before a court can authorize notice of a collective action to plaintiffs,” according to the American Bar Association, “the employer must have an opportunity to show that they are subject to valid arbitration agreements waiving their rights to sue.” Over time, this will most likely help employers by taking away a crucial leveraging tool used by employees during settlement leveraging. It is a blow to fair compensation everywhere, and is another reason why it is crucial to work with only the most competent legal team.

Should I File an Individual Claim or Collective Claim?

If your employer is not paying you minimum wage, properly compensating you for overtime, or is withholding wages for any reason, you likely have the option to file an individual claim. If you find out that your employer is taking advantage of other coworkers, you can file a collective action claim. There can be advantages, as well as disadvantages, of filing a collective action based on the specifics of your case. You need an attorney to help you decide which is best for you.

Call a Dayton FLSA Collective Action Attorney

If your employer is withholding wages or overtime, it is best to get started sooner rather than later for a variety of reasons, including the statute of limitations—you only have two years from the date of your employer’s FLSA violation to bring a collective action against them. Our Coffman Legal, LLC experienced Dayton FLSA collective action attorneys can be reached today at 614-949-1181 to schedule a free consultation.

Contact Coffman Legal Today

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