If an employer is cheating one employee out of their wages or benefits, there is good likelihood they are taking advantage of multiple workers. The Fair Labor Standards Act (FLSA) allows employers to essentially team up when it comes to employer wage theft, and file a collective action against their employer as one, instead of filing a dozen or more individual claims. Examples of employer large-scale wage theft include minimum wage violations, overtime violations, and improper time card record keeping. Even when an employer has been taking advantage of their entire workforce, some employees wish to file an individual employment wage theft claim instead. For one thing, an FLSA collective action may sound like too big of a deal for a case in which just a few thousands dollars are stolen by an employer. However, there are certain advantages of a collective action, such as: not every employee has to find an attorney, increased efficiency, and reduced cost. Our Toledo FLSA collective action attorneys can discuss the pros and cons of a collective action, and help you find out the best way for you to collect the compensation that you are owed.

Who Can File an FLSA Collective Action Claim?

Employers who engage in any of the following types of wage theft can be sued by their employers in a collective action claim:

  • Minimum wage violations;
  • Withholding wages of any type; and
  • Overtime violations.

You can expect to recover the following damages in a collective action claim:
  • Unpaid overtime;
  • Unpaid wages;
  • Liquidated damages; and
  • Attorney’s fees and other legal expenses. 

An Attorney Can Help You Decide Between an Individual Claim and a Collective Claim

There are advantages and disadvantages to filing a collective action claim against an employer. Some individual cases are so small, it makes sense to partner with other employees. However, in order to file a collective action, all the employees must be filing the lawsuit with similar claims of unlawful behavior by their employer. For instance, according to Bloomberg Law, a collective action claim was filed against Amazon because they were requiring employees undergo security checks during their meal breaks. Since multiple employees had the same complaint that they were not being given their entire meal break, the lawsuit was filed as a collective action. However, if another employee had an issue separate from being asked to perform work duties during their meal break, that would have to be an individual claim. It is also possible to file a hybrid claim. As Jones Day mentions, hybrid actions allow both federal and state claims to be filed at the same time as a single action. An attorney can help guide you through whether an individual claim, collective claim, or hybrid claim is appropriate for your scenario.

Call a Toledo FLSA Collective Action Attorney

As soon as you realize your employer is cheating you out of your wages or benefits, it is important you seek legal counsel. A Toledo Fair Labor Standards Act collective action attorney at Coffman Legal, LLC can help you collect evidence, determine if it should be a collective action lawsuit, and advocate on your behalf. To learn more about how we can help you get compensated, contact our offices at 614-949-1181 to schedule a free consultation.

Contact Coffman Legal Today

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