A founding partner at the firm, Eric has negotiated groundbreaking settlements that...
Girard Gibbs’ employment lawyers have been representing classes of employees nationwide in state and federal litigation against their employers for over 20 years. We have successfully stopped unlawful employment practices across the country, ensuring that employees get the pay and benefits they are owed.
We represent employees in a wide range of cases, including:
- Unpaid Overtime Claims
- Off-the-Clock Work
- Minimum Wage Violations
- Employee Misclassification cases
- WARN Act Violations
- Business Expense Reimbursement Cases
Current Employment Cases
- Wells Fargo Overtime & Meal Break Lawsuit
Proposed class action on behalf of California Wells Fargo banking employees who allege they weren’t paid for all hours worked, including overtime, and were not provided 30-minute meal breaks as required by California law.
- Tricor Unpaid Overtime Lawsuit
Class action lawsuit on behalf of California Tricor drivers who allege they were denied minimum wage, overtime pay, and rest breaks required by California law.
- Family Video Unpaid Overtime Lawsuit
Class action lawsuit on behalf of Family Video hourly employees who allege they weren’t paid overtime for hours worked off the clock.
- Catalina Restaurant Group Mass Layoffs Lawsuit
Class action lawsuit on behalf of more than 3,000 Coco’s Bakery and Carrows Restaurant employees who were laid off without proper notice, in violation of the WARN Act.
|Acosta||$9.9 million for unpaid overtime and business expenses|
|Spansion||$8.5 million for employees laid off without proper notice|
|Masco||Backpay for workers who were misclassified|
|Fleetwood||Backpay for employees laid off without proper notice|
|Cosmo||$1 million for merchandisers who were not compensated for off-the-clock work|
|First Franklin||Backpay for workers who were not paid overtime|
Speak to an Employment Lawyer, Free
You have important workers’ rights under both state and federal law. If you believe you have been improperly compensated or classified at work, we can help you understand your legal options and seek relief.
us at (800) 254-9493
us with the form to the right
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Our Reputation for Excellence
Girard Gibbs LLP has earned Tier-1 rankings for Mass Tort and Class Action Litigation and has been named in the U.S. News – Best Lawyers “Best Law Firms” list for four consecutive years since 2013.
We have recovered over a billion dollars for our clients against the world’s largest corporations in cases concerning auto defects, drug and medical device injuries, data breaches, securities fraud, antitrust matters, and employment law violations. Our advocacy has been nationally recognized by the courts, our peers, and our clients.
Employment Law FAQs
Below are some questions frequently asked by employees regarding their legal rights in the workplace.
It only takes one employee whose rights have been violated under Federal Employment law (the FLSA) to get a collective action lawsuit started. This is because collective actions are much like class actions in that an individual brings the lawsuit on behalf of a larger group of employees. Unlike class actions however, the group of employees must decide to join the lawsuit (called “opting in”) to receive any possible benefits of the lawsuit.
If you believe your employee rights have been violated and are interested in starting a collective action lawsuit you should talk to a lawyer experienced in employment law. This is because there are a variety of things to consider including whether your case is best brought as a collective action lawsuit, class action lawsuit, or as an individual case.
For violations of federal employment law (FLSA)
Collective action lawsuits are brought for violations of employee rights under the federal employment law called the Fair Labor Standards Act (FLSA). FLSA collective actions are typically brought on behalf of employees against employers that:
- Did not pay overtime,
- Calculated overtime incorrectly,
- Failed to pay minimum wage,
- Classified employees as exempt (salaried) or as independent contractors (when they shouldn’t be), or
- Failed to pay for pre and post shift work.
Business expenses, sometimes referred to as out-of-pocket expenses, are any expenses incurred as a direct result of employment. The most common types of business expenses include:
- Computer equipment
- Cell phone and service
- Fax equipment
- Tools and equipment
Should my employer reimburse me for business expenses?
California labor law requires that an employer fairly compensate an employee when they use their own money to purchase work related equipment or when they use their personal vehicle for work travel. An employee should not bear the cost incurred on behalf of their employer and must be reimbursed for their business expenses in addition to their regular wage.
What can I do if my employer owes me money for business expenses?
Some employers may avoid reimbursing their employees for their business expenses by making them sign an employer- employee agreement. An employer will still be held liable for bearing the cost of out-of-pocket expense regardless this agreement. Employers may face significant consequences for failing to fully reimburse their employees for necessary business-related expenses. If you believe your employer has not fully compensated you for your business expenses please call (866) 981-4800 or fill out the form on the right for a free consultation with one of our employment attorneys.
An employer who requires their employees to work over 40 hours per week and does not pay them overtime, may be breaking the law. Federal law and some state laws identify which workers are entitled to receive overtime pay. Unfortunately, some employers fail to comply with these laws and pay their employees less than what they deserve.
What is considered overtime?
Overtime pay is generally determined by the Fair Labor Standards Act (FLSA), however it may vary from state to state. Under the FLSA, overtime pay usually means earning one and a half times an employee’s regular pay rate for time worked in excess of 40 hours per week.
How do I know if I am entitled to overtime pay?
To determine if you are entitled to receive overtime pay, you should make sure you are not an exempt employee. Employers sometimes take advantage of their employees and misclassify them in order to keep them from receiving overtime pay. Types of exemptions include:
How can I recover owed overtime?
If you believe you your employer owes you overtime pay, fill out the form to your right or call toll-free (866)981-4800 for a free consultation with one of our employment attorneys.
Federal law requires employers to pay their employees overtime pay for time worked in excess of 40 hours in a work week at a rate of no less than one and a half their regular rate. Some states have adopted their own overtime laws. Employers in these states must follow whichever law is more favorable to the employee. Overtime class action lawsuits arise when an employer tries to avoid paying their employees deserved overtime.
Does my employer owe me overtime?
The federal Fair Labor Standards Act (FLSA) requires that employers pay non-exempt employees overtime. Unfortunately, employers can violate federal and state overtime pay laws in a variety of ways. Common abuses include:
- Misclassifying an employee as exempt
- Requiring employees to work off-the-clock
- Incorrectly calculating overtime pay
How can I start an Overtime Class Action?
If an employer does not properly pay their employees for overtime, employees can bring an employment class action to recover back wages that they are entitled to. Under the FLSA, an employee may be entitled to recover liquidated damages or an award of additional compensation, up to an amount equal to the unpaid overtime. Free and confidential evaluations are available with our employment attorneys by calling toll-free (866) 981-4800 or by filling out the form to your right.
A wide variety of employees in different industries earn commission pay as an incentive to sell more products and services. However, the payment of commissions to employees can raise a number of different legal issues for a company, including whether the employee is entitled to overtime pay and, if so, how much.
What does it mean to be an exempt employee?
The Fair Labor Standards Act (FLSA) defines these employees as people who are exempt from federal and state minimum wage and overtime laws. This classification depends mainly on your primary job duties and responsibilities.
What is an Outside Salesperson?
An outside salesperson is an employee who primarily works on the road or from home when making sales. These employees traditionally earn commissions but some may also receive a base salary.
Am I entitled to overtime as an outside salesperson?
Employees working in outside sales are generally exempt from overtime under state and federal law. However, sometimes companies do misclassify employees as exempt salespeople and pay them commissions rather than overtime.
What is an Inside Salesperson?
Inside salespeople are employees working within retail stores or service centers selling goods and services.
Am I entitled to overtime as an inside salesperson?
An inside salesperson is only exempt from overtime if they meet both of the following requirements:
- First, the employee must earn more than $10.88 an hour.
- Second, at least half of their pay in a given pay period must come from commissions.
How do I calculate my overtime pay if I earn commission?
If you are not an exempt employee but you do not earn commission, then your overtime pay is one and one half (1.5) times the rate of your regular pay. This means an employee who earns $20/hour is entitled to $30/hour overtime pay.
If you are not an exempt employee, then your commissions must be calculated into your overtime pay rate increasing your overall compensation.
Can I get commissions for sales I made before quitting or being fired?
Sometimes. This may depend on the law of your state and your general commission agreement with the company.
What if I think I have been misclassified and am owed overtime?
If you feel that you have been misclassified or have questions about your overtime pay, please contact Girard Gibbs’ employment lawyers at (866) 981-4800 for a free and confidential consultation.
Employment class action lawsuits are typically brought on behalf of employees who have been similarly wronged by an employer. An employment class action can begin with one employee whose rights have been violated either under federal employment law (the FLSA), state law, or both. The employment attorneys at Girard Gibbs have successfully litigated such cases against corporations like Spansion, Fleetwood, and First Franklin.
How do I know if my employer violated federal or state law?
Employment practices in the workplace are regulated by both federal and state law. The Fair Labor Standards Act (FLSA) protects employees within every state. Some states also have additional employee rights. If state law differs from federal law, an employer is generally required to comply with standards that are more favorable and provide more protection for the employee.
What types of claims can become employment class actions?
Common types of employment class action lawsuits include disputes over:
- Overtime laws,
- Minimum wage,
- Mass layoffs,
- Off-the-clock work,
- Employee misclassification,
Current Class Actions and Investigations
Certain bankers may not have been paid for all hours worked, including overtime, and may not have received legally required breaks
Violation of federal wage and hour laws by misclassifying Account Representatives as exempt and denying them overtime pay. After two weeks of arbitration, Masco agreed to provide back-pay to Account Representatives