Kolman Ely has successfully litigated collective actions for employees in a wide range of industries, from healthcare, finance and insurance to cable installation and security. Brief descriptions of the most common wage and hour violations, and a list of our representative actions, can be found below.
The firm has also successfully litigated a broad range of class actions to remedy consumer fraud promises and deceptive warranties. Brief descriptions of the most common consumer cases, and a list of our representative actions, are set out below.
The lawyers of Kolman Ely are interested in learning about your particular problem. We will answer your questions, analyze your situation and, if a case can be brought, provide the most effective representation available
Meal Break Work
Not all workers get a meal break, but those who do are often encouraged or required to work during their meal breaks, but still have their full meal period automatically deducted from their timecards. Kolman Ely understands the issues presented by meal break work claims and has recovered meal break wages for thousands of employees.
Uniform Maintenance Work
Do you have to wear a specific uniform to work, or use specific equipment in your work? Do you have to maintain that uniform or equipment to certain standards on your own time? If so, you may be entitled to wages for the time you spend on these activities. Kolman Ely is at the forefront of this developing theory and is actively pursuing the recovery of uniform maintenance wages for thousands of employees.
8/80 Overtime Averaging
Many healthcare and nursing home workers are assigned to an “8/80” system where they earn overtime pay for working more than 8 hours in a day or more than 80 hours in a two-week pay period. This system violates laws in many states that require overtime wages to be paid for working more than 40 hours a week. Kolman Ely has been instrumental in developing this theory and recovering unpaid overtime wages for thousands of “8/80” employees.
Breach of Employment Contract / Franchise Agreement
In a tough business environment, employers and franchisors are often willing to breach agreements with their employees and franchisees to cut costs and make more money. Whether the underlying claim is based on a failure to make required payments or provide promised opportunities, Kolman Ely has the ability to understand, develop and manage even the most complicated cases.
Many companies treat employees as overtime-exempt or independent contractors to avoid paying wages, benefits or reimbursements. Often, employees do not understand how they are “classified” or if they are entitled to certain benefits. Kolman Ely is familiar with the tests for determining employees’ work status and knows how to hold employers responsible for failing to provide necessary benefits.
Pre-Shift Work / Post-Shift Work
Virtually every employer promises to pay its employees for all hours worked, but how many actually do? Despite the invention of electronic and computerized timekeeping systems, many employers still use written “sign-in “ sheets to record time and instruct their employees only to submit their shift times or their “authorized” hours for payment. The law requires employers to accurately track and pay employees for their actual hours. Kolman Ely has represented thousands of employees in cases to recover unpaid pre- and post-shift wages and knows how to put an end to unfair timekeeping practices.
Donning and Doffing
Despite obvious rules requiring employers to pay for the donning and doffing of required protective gear and related activities, many employers still do not pay their employees for the time spent in these activities. Kolman Ely attorneys understand the strategies employers use to avoid paying for required work activities and how to hold them responsible for donning and doffing claims.
Defective Product / Warranty Claims
Consumer and warranty laws provide a range of remedies to consumers who have bought products for personal or household use that wind up not working as expected. From the smallest toy or device to the largest SUV, consumers have remedies to protect them from design defects and deceptive warranties. While these laws can vary from state to state, Kolman Ely knows how to evaluate and present these claims, and hasfiled cases that have brought relief to millions of consumers nationwide.
Fraud, Misrepresentation or Omission
In today’s competitive marketplace, many companies try to gain an edge by making false promises or hiding the truth about their products – and consumers usually wind up paying the price. If you have bought a product or service that wound up being worth less than you expected, we know how to fight for your rights, even against the largest companies.
If you have been harassed, discriminated against, or find yourself in a hostile work environment, contact us to discuss your options with no obligation.Contact us now