Employment Litigation

Employment
Litigation

Trief & Olk’s , based in New York and New Jersey, represents employees and employers in actions under brought under the federal Fair Labor Standard Act (FLSA) and similar state laws, challenging unlawful wage and hour practices by employers, such as failing to pay minimum wages and overtime, both in individual cases and in collective and class actions.

Employment
Litigation

Trief & Olk’s , based in New York and New Jersey, represents employees and employers in actions under brought under the federal Fair Labor Standard Act (FLSA) and similar state laws, challenging unlawful wage and hour practices by employers, such as failing to pay minimum wages and overtime, both in individual cases and in collective and class actions.

Practices that violate federal and/or state law include the following:

$5 million settlement (approved in October 2022) of a collective action on behalf of a group of approximately 550 alarm installation technicians (known as Security Advisors) in a suit against Defenders, Inc., in which the employees alleged violations of the Fair Labor Standards Act (FLSA) by failing to properly track their work time, resulting in improper overtime compensation.

Approximately $8 million in settlements for approximately 2,500 servers and
bartenders employed by the world’s largest full-service restaurant group,
Darden Restaurants, whose chains included Red Lobster, Olive Garden,
Longhorn Steakhouse, Bahama Breeze, and Seasons 52, in a nationwide case
alleging violations of the Fair Labor Standards Act (FLSA), specifically
off-the-clock work, inappropriate payment of the
sub-minimum tip credit wage, and unpaid overtime.

Settlement of $4 million for class of approximately 3,400 class members in suit against Dispensing Dynamics International and staffing agencies whose employees worked at their California facility, alleging violations of California’s state laws regarding mandatory meal and rest breaks. (See Janet Williams v. Dispensing Dynamics International and Staffing Network LLC, Case No. BC 580335, Los Angeles Superior Court).

Failing to pay for all hours worked, including requiring employees to
perform off-the-clock work,
such as work before or
after a shift.

Failing to pay overtime for hours
worked above 40 hours per week
(and/or as required by state law.

Failing to provide rest or meal
breaks required
by state law.

Classifying employees as “managers”
who are exempt from minimum
wage and overtime laws, despite
the fact that these employees
have few managerial duties
or minimal discretion.

Classifying employees as
“independent contractors” to avoid
any obligations to comply with
federal and state wage and hour
laws regarding these individuals.

Trief & Olk’s recent employment cases include:

$5 million settlement, approved in October 2022, in a collective action with
approximately 550 claimants against Defenders, Inc., alleging violations of the
FLSA by failing to compensate the former alarm installation technicians for
all hours worked, resulting in insufficient overtime payments.

Resolution of claims for approximately $8 million for roughly 2,500 servers
and bartenders who were employed by Darden Restaurants, Inc., whose chains
included Red Lobster, Olive Garden, Longhorn Steakhouse, Bahama Breeze, and
Seasons 52, alleging violations of the FLSA, specifically off-the-clock work, failure
to pay minimum wage when employees were performing work such as
set-up and cleaning tasks, and unpaid overtime.

$4 million settlement for approximately 3,400 class members who were
employees of Dispensing Dynamics International and staffing agencies whose
employees worked at its California facility, alleging violations of California’s
state laws regarding mandatory meal and rest breaks

Settlement for over $200,000 plus attorney’s fees for 7 employees of a
bakery/café in Queens, New York, for alleged failure to pay minimum
wage and overtime, resolved shortly after the case was filed.

$150,000 settlement received shortly after case filed on behalf of employee of
independently owned and operated supermarket, who had worked for
over 100 hours per week for several years.

$5 million settlement, approved in October 2022, in a collective action
with approximately 550 claimants
against Defenders, Inc., alleging
violations of the FLSA by failing to compensate the former alarm
installation technicians for all hours worked, resulting in insufficient
overtime payments.

Resolution of claims for approximately
$8 million for roughly 2,500 servers
and bartenders who were employed
by Darden Restaurants, Inc., whose
chains included Red Lobster, Olive
Garden, Longhorn Steakhouse, Bahama Breeze, and Seasons 52, alleging
violations of the FLSA, specifically
off-the-clock work, failure
to pay minimum wage when
employees were performing work
such as set-up and cleaning tasks,
and unpaid overtime.

$4 million settlement for
approximately 3,400 class members
who were employees of Dispensing Dynamics International and staffing agencies whose employees worked
at its California facility, alleging
violations of California’s state laws regarding mandatory
meal and rest breaks

Settlement for over $200,000 plus attorney’s fees for 7 employees of a
bakery/café in Queens, New York, for alleged failure to pay minimum
wage and overtime, resolved
shortly after the case was filed.

$150,000 settlement received
shortly after case filed on behalf
of employee of independently
owned and operated supermarket,
who had worked for
over 100 hours per week
for several years.

If you believe that you have a claim against an employer for failure to pay proper wages or other violations of federal or state wage and hour laws, feel free to contact Trief & Olk’s for a consultation.