Employment Litigation

Trief & Olk, based in New York and New Jersey, represents employees and employers in actions under brought under the federal Fair Labor Standard Act (FLSA) and similar state laws, challenging unlawful wage and hour practices by employers, such as failing to pay minimum wages and overtime, both in individual cases and in collective and class actions.

Practices that violate federal and/or state law include the following:

  • Failing to pay for all hours worked, including requiring employees to perform off-the-clock work, such as work before or after a shift;
  • Failing to pay overtime for hours worked above 40 hours per week (and/or as required by state law);
  • Failing to provide rest or meal breaks required by state law;
  • Classifying employees as “managers” who are exempt from minimum wage and overtime laws, despite the fact that these employees have little in the way of managerial duties or discretion; or
  • Classifying employees as “independent contractors” to avoid any obligations to comply with federal and state wage and hour laws regarding these individuals.

Trief & Olk’s recent employment cases include:

  • Trief & Olk currently represents Security Advisors in a collective action against Defenders, Inc., wherein Security Advisors allege violations of the Fair Labor Standards Act (FLSA).  Specifically, Security Advisors in the lawsuit maintain that in calculating overtime, Defenders failed to compensate them properly for time spent on various tasks.  The case has been conditionally certified in United States District Court for the District of Delaware, with close to 600 Security Advisors choosing to join the litigation.  The parties are conducting discovery at this time.
  • Trief & Olk represented servers and bartenders in a collective action against the world’s largest full-service restaurant group, Darden Restaurants, whose chains included Red Lobster, Olive Garden, Longhorn Steakhouse, Bahama Breeze, and Seasons 52. The lawsuit alleged violations of the Fair Labor Standards Act (FLSA), specifically off-the-clock work, inappropriate payment of the sub-minimum tip credit wage, and unpaid overtime. Ultimately, the cases were directed to contractually-mandated mediation and arbitration, through which approximately 2,500 employees resolved their claims for a total of close to $8 million, plus attorney’s fees and costs.
  • Trief & Olk represented plaintiffs in a class action brought against Dispensing Dynamics International and staffing agencies whose employees worked at Dispensing Dynamics International’s California facility, including Staffing Network Holdings, LLC, Cornerstone Staffing Solutions, Inc., Dream Team Services, Inc., Aerotek Inc., Manufacturing Pros, LLC, and Priority Business Services, alleging violations of California’s state laws regarding mandatory meal and rest breaks. This matter, captioned Janet Williams v. Dispensing Dynamics International and Staffing Network LLC, Case No. BC 580335, was brought in 2015 in Los Angeles Superior Court in the State of California, and settled for $4 million, with payments benefiting approximately 3,400 class members.
  • Trief & Olk represented 7 employees of a bakery/café in Queens, New York, in a case alleging failure to pay minimum wage and overtime. Shortly after the case was filed, the parties settled for over $200,000 plus attorney’s fees.
  • Trief & Olk represented an employee of an independently owned and operated supermarket, who had worked for over 100 hours per week for years.  The case was recently settled for $150,000, with the case resolved early in the litigation process.
  • Trief & Olk filed collective actions against franchise owned Buffalo Wild Wings, which were settled for the full value of our clients’ damages. 
  • Trief & Olk represented shift managers at Avis car rental locations, whose cases were settled shortly after filing suit. 

If you believe that you have a claim against an employer for failure to pay proper wages or other violations of federal or state wage and hour laws, feel free to contact Trief & Olk for a consultation.

Prior results do not guarantee a similar outcome.