Class Action Lawsuits
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The purpose of a class action lawsuit is to give the common man the ability to take on the largest corporate or private entities (who can afford the very best legal services) and have a chance of redressing wrongs done by these entities. It is important to remember that even though the actual damage or cost to the individual class member may be small, the illicit gain to the corporate entity can be huge if done to hundreds or even hundreds of thousands of people (class members). If you feel that you and many other people may have been cheated by a large corporation, employer and/or company please contact our office and let us know some of the details.
Employment: Employees can file Class Action lawsuits if an employer is not compensating them for overtime; split shifts; office meetings; etc. Employers must give you proper breaks and meal periods. If your employer is not paying you and your fellow employees for your time, contact our office. Click here to review the class action WAGE AND HOUR QUESTIONNAIRE.
Product Liability: Harm caused from using a product which many consumers may have also used and been harmed from. If you think that a product you have used has harm, contact our office.
Financial Institutions: Sometimes financial institutions charge unfair fees and/or charges on credit cards, bank accounts and mortgages. They also might send misleading information to you about your account. If this happens, contact our office.
WAGE AND HOUR QUESTIONNAIRE:
If you answer YES to any of the following questions, call our office to set an appointment with Mark Miller.
1. For hourly employees, were you and your co-workers routinely and customarily required to work any amount of time without being paid?
2. Have you worked as part of a group of salaried employees not paid extra for overtime because classified as "exempt" under administrative, managerial or professional exemptions?
3. If classified as an exempt manager, did you always manage at least two full time employees? Did you actually perform managerial duties more than 50% of the time? Were you performing the same duties as hourly employees more than 50% of the time?
4. If classified as exempt administrative, were you and others performing tasks involving the product or service sold or following set standards and procedures more than 50% of the time and not customarily exercising discretion and independent judgement?
5. If classified as a professional, did you obtain your expertise from educational courses higher than a bachelor's degree?
6. If salaried, were you required to make up partial day absences by working additional weekly hours or by having vacation time docked?
7. For hourly employees, were you and others routinely and customarily dismissed from the job without being provided at least half of your scheduled shift?
8. For hourly employees, were you required to work an "alternative workweek" schedule of four ten hour shifts or three twelve hour shifts without you or your predecessors having elected to participate in this procedure by secret ballot outside the presence of your employer?
9. For hourly employees working shifts of at least five hours, are you and your co-employees provided a minimum 30-minute meal period during which you are completely relieved of all duties and free to leave the premises? Are you and your co-workers routinely not provided such meal periods?
10. For hourly employees, did your employer communicate to you and your co-employees that you are authorized and permitted to take a ten minute rest period for every four hours or major fraction you work (in addition to restroom breaks)? Are you and your co-workers routinely not provided such rest periods?
11. Are you paid on a "piece rate" (set fee per task performed) without being paid a premium for overtime hours over eight per day or forty per week?
12. Are you and your co-workers paid on a commission basis (inside retail) and not paid at least one and half times minimum wage with over 50% of your income from actual commission?
13. Are you and your co-workers routinely and customarily not reimbursed for expenses (auto, cell phone, meals, supplies) incurred in connection with your employment?
14. Are you and your co-workers required to pool tips with any portion retained by management?
15. Are you and your co-workers paid less than minimum wage before tips with your employer counting your tips toward minimum wage?
16. Are you required to pay for your uniform or is your paycheck docked for breakage or lost merchandise?