BY: Charles Ash, IV | IN: Unpaid Wages & Overtime
When employers cheat hourly workers out of wages and overtime pay, many employees feel powerless to complain or take legal action to recover their unpaid compensation. Sommers Schwartz recently obtained two successful outcomes that show the little guy can stand up to a corporate defendant – and win.
In the first case, attorneys Rob Ash and Kevin Stoops represented an hourly laborer against his construction company employer. The lawsuit, filed in Hawaii federal court, alleged the defendant misclassified the plaintiff and other hourly employees as independent contractors to avoid paying overtime, a violation of the Fair Labor Standards Act. The plaintiff also claimed the defendant violated Hawaiian labor and employment laws by delaying payment and withholding compensation for lodging, board, and other facilities the defendant customarily furnished. Rob and Kevin negotiated a $50,000 settlement for the client only two months after filing the complaint.
Rob Ash also teamed up with Alana Karbal on a class action wage and overtime lawsuit against Global Response, a Florida-based call center operation. The plaintiffs claimed their employer failed to pay them for “off the clock” work, such as logging into the company’s computer system before their shifts started, logging off the system after their shifts ended, reading and responding to email outside of work hours, and working through meal breaks and rest periods. Alana and Rob obtained a judgment against the defendant for more than 100 percent of the damages actually owed to the plaintiffs.
If you suspect your employer is engaging in wage theft and abuse by illegally withholding overtime pay, misclassifying you as an independent contractor, forcing you to work before and after work hours, or other unlawful compensation practices, please contact the lawyers in Sommers Schwartz’s Unpaid Wage & Overtime Litigation Group today. We’ll fight for you!
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Charles R. Ash, IV is a Shareholder in Sommers Schwartz’s Complex Litigation groups. A substantial portion of Rob’s practice is devoted to collective and class actions arising under the Fair Labor Standards Act (FLSA) and similar state laws.