Legal Question in Employment Law in California

Overtime Pay

A former employee in Cleveland Ohio who did the same job I do now in California is suing my employer for overtime. I received a notice in the mail asking me to join the lawsuit. It said it was a ''collective lawsuit''. It also said I could not be fired for joining the lawsuit. What is a collective lawsuit? I have done limited research and feel I am entitled to overtime but I am worried about being fired. I know the next time layoffs come I will be the first to go if I join the suit. Any suggestions or advise?


Asked on 4/07/04, 2:02 am

3 Answers from Attorneys

Scott Cole Scott Cole & Associates, APC

Re: Overtime Pay

A collective action is very much the same as a class action. Federal wage and hour cases brought under the Fair Labor Standards Act are called "collective actions." Our firm handles these types of cases. Beyond this basic information, however, I would need more information about the case and your position. Feel free to call us at (510) 891-9800 to discuss the dispute further.

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Answered on 4/13/04, 3:49 pm
Terry A. Nelson Nelson & Lawless

Re: Overtime Pay

You pay your money and take your chances. If you are able to join that suit, and do so, later to be fired on some other excuse, you will have to able to 'prove' it was really because of the suit. The longer they wait before firing, the less likely you can prove the connection.

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Answered on 4/13/04, 3:59 pm
JEB Pickett Wynne Law Firm

Re: Overtime Pay

A "collective action" is one brought under federal statute of the Fair Labor Standards Act and is known as an FLSA collective action.

To join the case you must "opt-in," agree that you are similarly situated to the Ohio employees and agree to be party plaintiff. We would need more information regarding your position, the activities you perform and the hours you work here in California to determine if you are similarly situated to employees in Ohio.

While you cannot be terminated for participating in such an action employers can terminate employees at will and you would have to prove that your termination was as a result of participating in the overtime case.

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Answered on 4/13/04, 4:34 pm


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