Yes. California courts regularly certify unpaid overtime class action lawsuits. If a company has a policy of not paying overtime to its employees, the employees’ overtime claim would likely be a proper subject of a class action case.
The types of overtime class actions that Strauss & Strauss, APC have handled include a class action brought by pest control workers who were allegedly misclassified as exempt employees. The entire class was denied overtime pay for overtime hours worked. The lawsuit, which was brought by one of the pest control workers, was filed as a class action. Through the course of discovery, it was found that all other pest control workers in his same or similar classification were also paid as exempt workers, meaning that they did not receive overtime pay too. Strauss & Strauss, APC certified the class and then proved damages in excess of $50 million for the workers.
NOTE: For most employees in California, overtime pay must be paid when an employee works over eight hours in a day or over 40 hours in a week.
Some examples of the types of evidence we generally look for in overtime class actions includes the following (if they exist):
- Paycheck stubs evidencing the non-payment of overtime wages;
- Time cards evidencing the non-payment of overtime wages;
- Payroll records showing the non-payment of overtime pay;
- Written policies stating that the company will not pay overtime wages;
- If there is nothing in writing showing the unpaid overtime wages, we can look at expected work schedules that have employees working more than eight hours in a day or 40 hours in a week.
It usually only takes one employee to step forward to maintain a class action. If you were denied overtime pay and believe that the practice or policy of not paying overtime wages affected other employees at your place of work, contact Strauss & Strauss, APC for a free case evaluation.