Class action litigation provides a mechanism for large groups of individuals to join forces to challenge a common violation of law to accomplish a common remedy. Hertz Schram has an impressive track record in successfully bringing class actions on behalf of similarly situated people to secure significant monetary and equitable relief. Hertz Schram has resolved class action cases based on violations of state and federal anti-discrimination laws and claims arising out of environmental disasters, like the Enbridge oil spill resulting in recoveries in the millions of dollars. We are presently assisting children in the City of Flint in the water crisis case.
In recent years, Hertz Schram has observed an increase in employees who are pursuing claims for wage and hours under the federal Fair Labor Standards Act (FLSA). The FLSA requires covered employers to pay non-exempt employees minimum wages for all hours worked and overtime for hours worked in excess of 40 hours in a workweek.
FLSA claims arise where employers:
1) Misclassify non-exempt employees and exempt
2) Wrongly deduct money from exempt workers’ salaries
3) Fail to compensate non-exempt employees for all of their hours worked (e.g. working “off the clock” or giving comp time in lieu of pay)
4) Miscalculate of or fail to pay overtime to non-exempt employees
The FLSA allows individuals to collectively sue their current or former employers for alleged violations of wage and hour laws, including the failure to pay overtime. Although a collective action case is similar to a class action case, the FLSA’s collective action process, unlike a class action, requires individuals to affirmatively consent, in writing, to become a party to the case. If he/she does not consent to participate in the collective action, he/she does not benefit from the case is not bound by a settlement or judgment in the case.
If you suspect you have suffered an injury or damages that may trigger or be the subject of a class or collective action, you should take advantage of the experience of Hertz Schram’s specialists. We are thorough, creative and trustworthy and will provide you with the right advice and representation.
I will never be able to say thank you enough to attorney Steve Weiss. He is one heck of a good lawyer and a very caring, compassionate person. Who could ask for more! My words convey so little when my heart feels so very much. Forever grateful.
I would definitely recommend attorney Elizabeth Thomson. What makes her phenomenal is her compassion. She genuinely wanted to resolve my cases and ensure that I wouldn’t have any future problems. I felt like she was family and a best friend. I wouldn’t have been able to make it without her perseverance and will recommend her to anyone who wants an attorney who cares about her clients.
One of the most important choices you can make in your life is the right attorney to represent you, and for me that was attorney Patricia Stamler at Hertz Schram PC. Stamler understands the law process and shows a commitment to persevere through a complex case. I found Patty’s communication skills excellent as she explained each step of the lengthy process and was there with updates on what was happening between all parties as progress was made. I highly recommend Patricia Stamler for your legal needs.
Attorney Daniel Rucker provided our church with legal advocacy that was both highly skilled and readily accessible. His knowledge of the law and his ability to communicate and negotiate resulted in a very positive outcome in a situation we believed might have been impossible to resolve.