Atlanta’s Collective Action Law Firm
Some issues are constants
Whether you’re working for a giant corporation or a small business.
One issue that is constant is that a business tends to put its needs over the needs of the worker.
But without the worker, there’s no business. One person may not be able to make a difference, but collective action can change the world.
Collective action gave us the weekend, the 40-hour workweek, and with The Law Offices of Nicholas P. Martin on your side, collective action can make your life and the lives of others measurably better.
- Are you being mistreated at your job?
- Have you been forced to work overtime or even off the clock?
- Are your bosses making you participate in illegal tip sharing?
If so, it’s possible it’s not just happening to you; it might be happening to everyone you’re working with on a daily basis. Individually, your lawsuit might not have teeth, but with a class-action suit, you can get the treatment you deserve.
When a business takes advantage of their entire working class, they don’t just do a disservice to the workers, but to their families.
You aren’t asking for much; just to be treated fairly.
A class-action lawsuit isn’t about trying to stick it to “the man.” It’s about making sure your co-workers can afford braces for their kids and to pay their mortgage without pulling their hair out.
The Basics of Collective Action in Atlanta
Collective action
Class Action is a lawsuit that allows many people with similar claims against an organization to act together.
Under the Fair Labor Standards Act (FLSA), a group of employees can file a muitl-plaintiff suit alleging violations of their rights, such as minimum wage or overtime pay. Plaintiffs in a collective action need to establish they are similarly situated to maintain collective action.
The Court Decides
In the beginning, the court will conditionally decide to allow the lawsuit to go forward as a collective action suit.
If the court decides the case should not be a collective action, employees have to bring their own suits as individuals. (Employers typically oppose collective action because employees are less likely to file individual claims.)
After The Court Decides
After it moves forward, the lawyers will notify all employees whose rights have been affected.
They will send an “opt-in” notice to explain the situation and ask them to join the suit. The other employees are, of course, under no obligation to and, if they decide not to, they will not be bound by the resolution of the litigation and they can still bring individual lawsuits if they wish. However, if they do opt-in, they will be bound by the outcome of the lawsuit.
Power In Numbers
Companies don’t want you participating in collective action suits.
Because individually, they aren’t worried about you. But as a group? They know they might have to pay. Don’t let them get away with taking advantage of you and everyone you work with. Call Nick and let’s find a way to get you the money and treatment you earned.
What Are Some Common Causes of Collective Action Suits?
Forcing tipped workers to participate in a tip share with non-tipped workers.
Intentionally misclassifying employees as independent contractors to deprive them of benefits.
Failing to pay employees for certain on-call work.
Not paying employees for time spent on work mandated activities, such as travel between worksites.
Failing to pay workers for labor performed before clocking in or after clocking out.
Continually interfering with your rights to family or medical leave.
Frequently Asked Questions About Collective Action Lawsuits
In the vast majority of cases, the Fair Labor Standards Act sets the minimum wage at $7.25 an hour and requires you to be paid overtime if you work more than 40 hours during a seven-day period, are earning less than $35,568 (or $684 per week) and are not a manager.
The minimum for a tipped employee is $2.13 an hour and requires you regularly receive more than $30 per month in tips.
A successful lawsuit could receive unpaid wages with interest, have their lawyer’s fees paid, and additional monetary damages, known as liquidated damages.
Liquidated damages is an additional reward that is double the amount of recovered lost wages. When you didn’t get paid, it’s not just that you didn’t get the money. It also meant the rest of your money had to stretch farther. You could have invested that money or paid rent with it. Which means, if you secure $1,000 in back pay, you’d have an additional $1,000 coming your way to make up for that.
Under the FLSA, there is a two-year time limit for filing a lawsuit (Three if the employer willfully violated the law). Don’t waste time! Call us now.
Atlanta’s Collective Action and Employment Law Firm
Filing a lawsuit can be stressful, but everything is easier when you have a team on your side.
Not just that, but it has the potential to change so many people’s lives.
If you’ve got the right team on your side, there’s nothing to worry about. Call Nick now and he’ll work to make things right not just for you, but for all of your co-workers.