Orange County Employment Lawyers Blog
Under federal law, employees are entitled to breaks for meals and rest. Overtime payments are also required when an employee is required to work more than a standard 40-hour week, unless that employee is classified as “exempt.” In the event that a company is in violation of state or federal labor laws, an employee has the right to take legal action to collect overtime pay. In a recent case of wage and hour violations, LinkedIn is expected to pay nearly $6 million to settle a lawsuit filed by The Labor Department for unpaid overtime.
According to Reuters, LinkedIn has agreed to pay $6 million in overtime to 359 current employees. The lawsuit is based on investigation by the U.S. Department of Labor finding that the company violated federal wage laws. Our Orange County overtime wage attorneys are dedicated to protecting the rights of clients and putting an end to wage and hour law violations. Our priority is to help defendants take legal action against unlawful employers to collect rightful back pay and compensation.
LinkedIn reached a settlement agreement with the Labor Department to pay $3.3 million in retroactive overtime wages and an additional $2.5 million in damages to workers in California, New York, Illinois, and Nebraska. A representative from the government agency reported that LinkedIn has already mailed payments to employees involved in the settlement. The Labor Department reported the company acted responsibly and cooperated fully by working to quickly resolve the dispute and make the workers whole.
A representative from LinkedIn blamed the wage and hour violations on a systemic failure that did not allow their sales team to properly track their hours. The Labor Department’s investigation revealed that the company failed to record and compensate employees for all hours worked. This is a blatant violation of the Fair Labor Standards Act (FLSA). In addition to paying the $6 million settlement for unpaid wages, the company is also responsible for training employees and providing education to ensure that no “off-the-clock” work is performed.
Have you ever stayed longer hours than you are supposed to? Are you denied breaks or do you frequently find that you are working more than a standard 40 hours? Are you classified as an “exempt” salaried employee but find that you are making less than a standard hourly employee? Do you believe that your company failed to pay you overtime?
Under the FLSA, non-exempt workers or those who are not managers paid on salary, must be paid a federal minimum wage plus overtime pay of 1.5 times the hourly rate when their hours go over the 40 hour work week. Any employee in California or nationwide who has not been paid minimum wage or overtime has the right to bring legal action against their employer. Companies have often misclassified employees as “exempt” when in fact they are hourly employees. If you believe that you have wrongfully been denied minimum wage or overtime, an experienced advocate can review your case.
Employment lawsuits can be filed with assistance from the Nassiri Law Group, practicing in Los Angeles, Riverside, and Orange County. Call 949.375.4734.
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California Worker Wins Wrongful Termination Lawsuit, January 1, 2014, Los Angeles Employment Lawyer Blog