Articles Tagged with The Best Class Action Lawyers Near Chicago

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Most overtime lawsuits deal with allegations of violating the federal Fair Labor Standards Act (FLSA), which states that all hourly employees working within the United States are entitled to one and one-half times their normal hourly rate for all time that they spend working after eight hours a day or forty hours a week. However, in addition to the FLSA, most states have their own labor laws regulating things like minimum wage and overtime within their borders.

California, for example, requires all of its employers to provide their workers with meal and rest breaks throughout the day. Under the law, for every four hours that an employee spends working, she gets one paid rest break lasting at least ten minutes. For every five hours worked, the employee is entitled to an unpaid meal break of at least half an hour. For every day that an employee does not take one of these breaks, for any reason, the law states that she must be paid one hour’s worth of wages, in addition to all wages earned that day.

According to a recent class action overtime lawsuit filed against US Bank, the Bank allegedly failed to make sure that its In-Store Bankers took all of the meal and rest breaks that California labor law grants them. The class action also alleges that, in the event that an in-store banker missed a break, US Bank did not provide them with the proper compensation, as required by California law. US Bank denies all of these claims and takes the position it complied with the law. Continue reading

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According to the federal Fair Labor Standards Act (FLSA), all employers conducting business in the United States are required to pay their workers at least $7.25 per hour. Not all employees are paid by the hour, though. Some of them are paid per shift, per piece, or on commission. However, no matter how they are paid, their total hours worked and wages paid must equal out to at least the federal minimum wage of $7.25 per hour.

According to a recent class action wage and hour lawsuit against Nordstrom Inc., the department store allegedly failed to pay its commissioned sales employees the minimum wage as required by law, or the proper overtime compensation when appropriate. Under the FLSA, employers are required to pay one and one-half times an employee’s normal hourly rate for all of the time that the employee spends working after eight hours a day or forty hours in a week. There are some exceptions to this rule, but the Act is very specific about the types of employees that qualify for overtime exemption. Merely labeling an employee as overtime exempt is not sufficient. The law provides specific duties and responsibilities which must be part of a worker’s job in order for that worker to qualify for overtime exemption.

There are three main categories of employees who can be considered exempt from overtime compensation according to the FLSA. The first category consists of administrators. These are employees who perform primarily office work and provide administrative support directly to an executive. The second category is executive and is made up of higher-level employees whose main responsibilities involve managing employees below them. In order to fit into this category, an employee must have the authority to discipline employees and must have significant input into the hiring and firing of employees. Finally, there is the professional category, which covers employees who must have a higher level of education or a specific set of skills in order to perform their jobs. This category includes workers such as doctors, lawyers, and artists. Continue reading

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When a lawsuit reaches the court level, there is a system in place to make sure that the judge hears all sides of the case. Once the plaintiff has filed a complaint, the defendant is given a chance to respond, but they must follow the proper guidelines when they do. Taco Bell recently filed a motion to strike the Private Attorney General Act (PAGA) allegations from a lawsuit it is currently facing from a class of current and former employees in California.

The class action wage and hour lawsuit alleges that Taco Bell failed to pay its workers minimum wage and overtime. Under the federal Fair Labor Standards Act (FLSA), employers are required to pay all of their hourly workers no less than $7.25 for every hour that they work. In the event that an hourly employee ends up working more than eight hours a day or forty hours a week, the Act mandates that the employer must pay one and one-half times the employee’s normal hourly rate for all overtime worked.

In addition to the federal law, which regulates employers throughout the United States, each state has their own laws, which govern employers working within the state. California labor law, for example, requires employers to provide their hourly workers with a paid rest break lasting at least ten minutes for every four hours worked. For every five hours worked, the law mandates that employers must provide an unpaid meal break lasting at least half an hour. For every day that an employee does not take one of these breaks, for whatever reason, the law states that the employer must provide the worker with an additional hour’s worth of wages.

U.S. Magistrate Judge Stanley A. Boone denied Taco Bell’s motion to strike the allegations on the grounds that Taco Bell had already responded to the pleading. Any motion to strike must be filed before a response to the pleading, to the judge denied the motion on the grounds that it was untimely. He also said that the motion was improper because it “effectively seeks dismissal of plaintiff’s PAGA claims.” Continue reading