PORTLAND — A group of current and former workers at an Oregon bakery recently filed an unpaid overtime class action lawsuit against their employer, which could set a very important precedent under the state’s wage and employment laws.
The defendant, Portland Specialty Baking (PSB), employs about 125 workers at its Gresham facility making baked goods for companies like Starbucks and Walmart.
The class of plaintiffs is currently comprised of seven plaintiffs but that number could skyrocket if the judge overseeing the case grants the worker’s petition to allow all others with similar claims against the defendant to join the suit. While the unpaid wage claims amount to around $3,000 and penalties over $17,000, the real impact of the case could decide how overtime payments are calculated from now on in Oregon.
Under Oregon’s wage and labor laws, employees must be paid time and a half for the time they spend working over 10 hours in a day or 40 hours per week, whichever is greater. Furthermore, employees may not work more than 13 hours per day. Many plaintiffs allege they were asked to work well beyond their scheduled shifts and not paid proper overtime wages.
Immigrant Workers Especially At-Risk of Wage Theft
The plaintiffs claim they should be paid time and a half for both their daily and weekly overtime pay, while the defendants assert the state’s labor laws are very clear that workers need only receive the higher amount of the two. If the plaintiff’s claims succeed, many workers could essentially see double or triple their hourly pay for overtime wages, depending on how they work their hours.
The workers in this case were especially at risk for this type of wage theft as most were immigrants and did not have strong English language skills. They have also accused the defendant of intimidating them into not taking their guaranteed sick leave and punishing those who did. The defendant in this case also settled previous labor law allegations it tried to prevent unionization of its workforce.
Oregon Overtime Wage 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.