CLEVELAND — A former factory worker for an Ohio auto glass manufacturer recently filed a proposed class action lawsuit over allegations the defendant, China-based Fuyao, failed to pay her and about 100 others for all their hours spent on the job. The complaint specifically states that during Thanksgiving weekend last year, the defendant enticed workers with premium overtime pay to encourage employees to work through the weekend and keep the facility’s production up during the holiday season.
According to the unpaid overtime lawsuit, filed in U.S. District Court for the Southern District of Ohio, the plaintiff worked for the defendant from September of 2016 until sometime in December of the same year, during which time the defendant routine failed to pay her full wages. During that time, the plaintiff claims the defendant automatically deducted 30 minutes from her time card for meal breaks, which she often had to work through to meet company goals.
Under the federal Fair Labor Standards Act (FLSA), employers must keep accurate payroll records reflecting all of the actual hours employees work during the assigned pay period. Companies often make these automatic deductions with little considerations as to whether employees were forced to work during lunch or rest breaks due to the demands of the job.
Perhaps the most egregious allegation contained within the complaint is a claim the defendant promised about 100 factory workers, including the plaintiff, one and a half times their regular rate of pay to work over the Thanksgiving weekend but failed to deliver on that promise. Instead, the plaintiff claims the defendant gave the workers a $50 gift card in lieu of the premium overtime wages.
Under the FLSA, wage theft victims can receive up to three years of back pay, depending on the circumstances of the case, as well as interest on unpaid wages, liquidated damages equal to stolen wages, court costs, and attorneys fees to cover the cost of litigation. Furthermore, courts may even impose injunctions on defendants to ensure proper record keeping takes place and future instances of wage theft are not committed.
Auto Worker Unpaid 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 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.