My employer is getting sued for violating the Fair Labor Standards Act (FLSA) by not paying employees time and a half for overtime.

I'm afraid to join the suit because I fear retaliation (retaliation is prohibited by law but still).

Has anyone been in a similar situation?

This is a throw away account btw.

Edit- Y'all, thanks for all the replies. I'm going to contact the plaintiff's lawyers.

  • cum_on_jack [any]
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    4 years ago

    my partner is a pro-labor lawyer, shes out running errands rn - ping me if i dont post a reply in the next 30 min

    • cum_on_jack [any]
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      4 years ago

      edit: sent OP a DM - sharing some of the info for education purposes

      my partner said that even though retaliation is against the law, if you were to get fired after joining the suit, you would then have to prove you were fired as retaliation. its super shitty, its all a matter of whether youre willing to deal with the litigation and/or settlement. most of the time your employer assumes you wont. also, my partner and I are assuming you are classified as an employee (not independent contractor) – if this is the case, you may actually be able to go through the department of labor for wage theft, and not even need to go through litigation. independent contractors have it much harder though, and dont have FLSA protection.

      edit 2: partner said to go ahead and join the suit, and forwarded me this to pass on: https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/WHD1498HowToFileAComplaint.pdf?fbclid=IwAR2X4Gs8_OUhsrNXa-QqhxtnvqJW4sdgCigFzn3-k3RRsDp-p_pUPPf2w6Y

      THANK YOU TO ALL THE REAL ONES FOR PINGING ME NONSTOP FOR FORGETTING.