In order for plaintiffs to successfully file a class action or collective action lawsuit against a common defendant, one of the things they need to be able to prove is that they were all subject to the same, systematic treatment by the defendant. In wage and hour class action lawsuits, this means the alleged misconduct needs to be a standard part of the defendant’s practices. Even an unwritten rule can be subject to a large lawsuit if it resulted in employees consistently receiving the same treatment.
When plaintiffs from six different states all allege they were subjected to similar mistreatment by their employer, their petition for class action or collective action stands a pretty good chance of getting the OK from a judge.
In early 2014, seven current and former service technicians for General Electric Co. all alleged they had not been properly compensated for the time they spent working under the federal Fair Labor Standards Act (FLSA) and various state laws. The technicians worked for the power company in Delaware, Massachusetts, Pennsylvania, New Jersey, Georgia, and Florida. Not only was their petition for collective action granted, but the wage and hour lawsuit was also combined with a similar lawsuit that had been filed in Florida against GE the year before. Continue reading