Colorado Judge Criticizes FLSA Overtime Settlement

Colorado Judge Criticizes FLSA Overtime Settlement

DENVER, CO — A federal judge in Colorado who was overseeing Coker et al v Zurich American Insurance Company has taken a stand for the victims of an FLSA lawsuit, specifically against the plaintiffs’ own attorneys. Ultimately, Judge R. Brooke Jackson did not approve the proposed settlement saying, “The court believes that the parties and counsel should be ashamed of themselves for asking a federal court to approve this settlement.”  She went on to state that “This court will not approve a [Fair Labor Standards Act] settlement where the lawyers receive more than three times what the clients are receiving without an in-person hearing in which each client, named and opt-in, is present and testifies that she is satisfied with the fairness and adequacy of the settlement, and maybe not even then.” The plaintiff’s attorneys were set to receive $77,599 in fees while their two clients were only going to be receiving a combines $22,400.

The Plaintiff’s attorneys came to their own defense saying that they cut their bill by “over $28,000” and that their clients are recovering more than 300% of their unpaid wages. However, Judge Jackson did not tolerate the defense and ordered the parties to come up with another settlement agreement.

Can I file an FLSA lawsuit against my employer for unpaid overtime?

Yes, you may be able to file an FLSA lawsuit against your employer for unpaid overtime. FLSA lawsuits seek to hold employers accountable for failing to pay the required wages to their workers.  These claims seek payment of unpaid or underpaid wages, attorney’s fees, and litigation expenses.  Some cases may also force the payment of liquidated damages, which are money damages beyond just the receiving the back pay for unpaid wages.

If your employer owes you overtime wages for work performed, even dating several years back, our top rated attorneys can file a claim for you to recover the unpaid wages that you are owed.  There are strict time deadlines for filing FLSA lawsuits, so it is essential that you contact an attorney immediately. If you wait, you may lose your ability to recover some or all of your back pay.

What type of money damages can I get in an FLSA lawsuit?

FLSA lawsuits seek to hold employers accountable for failing to pay the required wages to their workers.  The types of money damages you can get if you are eligible to file such a claim include payment of unpaid or underpaid wages, attorney’s fees, and litigation expenses.  Some cases may also force the payment of liquidated damages, which are money damages beyond just the receiving the back pay for unpaid wages.

However, how much money damages you can get will be different for every case. This is because the amount is determined by several different factors, including job title, job duties, rate of pay, and number of hours worked. Due to this reason, there is not a set amount of money damages a client will receive in an FLSA lawsuit.

Common FLSA violations include:

  • Misclassifying workers as independent contractors to avoid overtime pay, including construction workers, cable installers, janitors, utility workers, and other employees.
  • Misclassifying the job title of an employee to avoid paying overtime pay
  • Failing to pay for travel time between job assignments or work locations
  • Failing to pay for break time and lunch breaks
  • Failing to pay for pre-shift and post-shift work requirements and obligation, like booting up or shutting down a computer, putting on protective equipment, or otherwise preparing for a work day
  • Failing to pay for off-site work such as mandatory cell phone calls from clients after hours
  • Failing to properly calculate an employee’s rate of pay, especially those employees who receive commission wages or those who earn tips, like waiters, waitresses, servers, bellhops, and other service employees

Many FLSA lawsuits arise from violations of the provisions requiring payment of overtime pay to employees who work more than a 40 hour work week.  The overtime rate cannot be less than time and one-half (1.5 times) the regular rate of pay.  An overtime pay lawsuit for violations of the Fair Labor Standards Act can be filed as a class action lawsuit or as an individual case for a single employee.

FLSA Overtime Lawsuits

Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.

Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.

 

 

 

 

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