Two significant wage and hour cases have just settled before trial. The violations that both cases alleged involved the usual categories of employer misdeeds, including failure to pay overtime, to pay all wages due, to provide meal or rest periods, provide accurate payroll stubs, failure to reimburse for business expenses and unfair business practices (which can include many of these fileds). At Class Action Lawyers we run into this situation many times.
In both reported cases (North America Corp vsHguyen vs Philips Lighting Electronics Company the settlements affected a class of employees who were employed as hourly non-exempt and worked for a specific period of time. The settlement was $800,000. The second reported case was Covillo, et al vs Speciality’s Cafe and Bakery, Inc., and this case settled for $2,000,000. There is no indication that the second, larger case was a class action but it did have three named plaintiffs who, after attorney fees, divided the proceeds.
Learning point in all this is that wage and hour class actions rarely make it to trial. There are enormous costs (such as experts like statisticians and economists) for both sides, and the long-running legal bills (especially for defendants) that can arise from trials and then appeals. Both cases were out of the United States Distrct Courts, or federal cases. We are particularly pleased when our fellow plaintiff attorneys achieve significant victories in federal court. If you are alleging violations of the Fair Labor Standards Act, then it is almost a certainty that the defendants will remove you to federal court.
Class Action attorneys are available state-wide to help you. Feel free to call us at our main number 877 789 9707 or check in on-line. Best, Steve