In the case of Vasquez vs. 2495 Meat & Produce (doing business as Super Foodtown of Throggs Neck), we obtained a class action settlement for more than two hundred food store workers who were not properly paid, for a period going back six years. The settlement was given final approval by the court this past summer, and the store’s employees received their payments over the past few months. Our original client also received a payment of fifteen thousand dollars on top of the money that he was owed because he was the person who filed the lawsuit for everyone.
In cases brought for violation of wage and hour laws, including unpaid overtime, if the worker who brings the claim knows of other workers with the same issue, it may be possible to add those other workers into the lawsuit, and increase the size of the case. This is called a collective action, and it is a powerful tool to bring together all employees into a single case, where they can form a larger and more powerful group, to correct improper pay and employment practices.
Whenever possible we bring our wage and hour claims as a collective case, with the goal being to add other workers, and make the case bigger and more impactful for everyone. In order to bring a case as a collective action you will have to know the name of at least one other person who was not paid correctly. If we have that information, then we can take discovery and get additional information from the employer to learn who else was employed, and whether they were paid correctly.
Of course, even if the case is not a collective action, we fight as hard as possible for every single client, to recover the maximum possible amount for employees and their families. If you decide to pursue a case with our law firm, we will walk through every aspect of your employment to make sure that all possible claims are made, and that the maximum recovery is pursued in your case.