LOS ANGELES — Nike retail workers vying to recover lost wages scored a big victory in their unpaid overtime lawsuit recently as the California federal judge overseeing the case granted the plaintiffs collective action status.
The ruling is a blow to Nike as its lawyers attempted to break up the suit by asserting the plaintiff’s claims were not similar enough to warrant collective action certification.
The plaintiff’s suit claims workers across Nike’s retail stores were forced to wait several minutes off the clock, after their shifts for bag checks from their supervisors. The retail workers argue the extra time spent on the job, no matter how little, should be compensated and paid as overtime when applicable. Often times, employers feel they can get away with this type of wage theft that benefits the company to the inconvenience of the worker.
Nike’s lawyers claimed each plaintiff should bring individual claims against the athletic apparel giant, arguing since each member waited for a different period they could not claim they were all similarly affected. The judge disagreed with Nike, ruling that since all the workers in the proposed class were subject to the same company bag check policy that made the claims similar enough.
Overtime Class Action Lawsuits
While many ordinary people are familiar with the term “class action,” the concept of a collective action under the Fair Labor Standards Act is slightly different. While both class actions and collective actions involve groups of plaintiffs with similar claims against a defendant, in collective actions not every plaintiff receives the same share of a settlement or verdict.
Furthermore, in collective actions under the FLSA, plaintiffs must actively opt into a suit where as in class actions all similarly affected plaintiffs are assumed to be part of the class and must actively opt out. The distinction is subtle but important and having an experienced unpaid overtime lawsuit attorney can help plaintiffs make the right decisions for what is best for themselves.
Retail Bag Check Overtime Lawsuits
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that you and and other employees 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.