Practice Area: Employment Law & Unpaid Wages

Case Status: Under Investigation

Berger Montague is investigating potential class action lawsuits on behalf of workers who were not paid for training time. This violates the Fair Labor Standards Act (“FLSA”).

About the case

Under the FLSA, a federal law that establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards, employee training time must be paid unless the training meets all of the following criteria:

  • The training takes place outside of the employee’s normal work hours.
  • The training is optional.
  • The training is not directly related to the employee’s job.
  • The employee is unable to work productively during the training.

If a training session meets all of these criteria, an employee does not need to be paid for attending. However, if a training session does not meet all of these criteria, employees do need to be paid for attending.

In addition, there are times when an employee must be paid for traveling to training sessions under the FLSA, such as:

  • When the training keeps the employee away from home overnight.
  • When travel for the training takes place during normal work hours, including on an employee’s days off.
  • When the employee works while traveling to the training.
  • When the employee travels to a one-day training that is an essential part of their job.

Previous unpaid training settlements

Several unpaid training class action lawsuits have settled over the last few years.

  • Mattress Firm: In May 2012, Mattress Firm Inc. agreed to pay $1.6 million to settle claims by nearly 800 current and former store managers that they were not paid overtime wages for mandatory manager-on-duty training sessions.
  • Sushi Yasuda: In May 2014, Sushi Yasuda Ltd. agreed to pay $2.4 million to settle a proposed class action brought by current and former restaurant employees who claimed the company violated the FLSA by failing to pay gratuities, minimum wage during training, and overtime.

If you are an employee who was not paid for attending mandatory training sessions, contact Berger Montague. You may be able to file a class action lawsuit.

Do I have to pay to consult with an attorney?

We are happy to talk with you about your potential claims free of charge. If we decide to represent you in a lawsuit, we will enter into a written contingent fee agreement with you. A contingent fee agreement means we only get paid if we win, and that we will receive our fees from the amount paid by the Defendant in the case.

Please contact us to discuss the details of your case. You may:

  1. Use the contact form on this page
  2. Email [email protected]
  3. Call  800-419-6044

Your information will remain confidential and we will work to protect your rights.

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