Employee's Lawsuit Moves Forward in Quicken Loans Overtime Case
April 21, 2011
Our Newport Beach employment attorneys have recently discussed the issue of wage and hour violations in the workplace, where employers violate federal wage and hour laws by failing to compensate employees for overtime and minimum wage, along with other wage and hour benefits that employees are entitled to under the Fair Labor Standards Act.
In a recent overtime lawsuit, Quicken Loans has been accused by a former secretary, Tiyanna Knight, of denying her overtime pay by requiring that Knight and other hourly workers engage in clock fixing at the end of the workweek to make it look as if they only worked a 40 hour week.
As our Carson labor and employment attorneys have reported before, under the FLSA an employer must compensate employees with at least the federal minimum wage of $7.25, for every hour worked in a regular workweek or forty hours. For any hours worked over forty in a workweek, an employer is required to compensate the worker one and one-half their regular rate of pay in overtime payment. This includes bonuses, incentive compensation and job commissions, and under federal law, employers must keep accurate records of all hours worked by employees. Under the FLSA, if employers violate federal employment law provisions they are responsible for paying workers the full amount of unpaid back wages, along with the same amount in liquidated damages.
Last week a federal judge denied the request made by Quicken Loans to dismiss Knight's overtime lawsuit, ruling that Knight could proceed with her proposed class action wage and hour lawsuit, alleging that Quicken violated the FLSA by making Knight and other employees go back and fix their time cards so they wouldn't receive overtime pay.
This ruling comes one month after Quicken reportedly won a jury verdict in another class action lawsuit where around 400 former Quicken employees were suing the company for employment misclassification. The jury reportedly found that the class of employees were not strictly salespeople, but instead were mortgage bankers with larger duties, and therefore were not entitled to receive overtime.
Contact Howard Law, PC today in Orange County, California today for a free consultation about your labor and employment rights.
Quicken Loans loses battle to dismiss employee's clock fixing claim, Detroit Free Press, April 21, 2011
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Feds Crack Down on Wage and Hour Violations in NY Restaurants, California Employment Lawyers Blog, April 15, 2011
Employee's Lawsuit Moves Forward in Quicken Loans Overtime Lawsuit, California Employment Lawyers Blog, April 14, 2011