Class & Collective Actions

The Atlanta overtime attorneys at Martin & Martin fiercely fight in the best interests of their clients who are owed unpaid wages and overtime under the Fair Labor Standards Act (FLSA). One way Georgia overtime attorneys, Tom Martin and Kimberly Martin, represent workers is through an FLSA class or collective action.

FLSA class/collections actions are FLSA cases filed on behalf of a group of similarly situated employees who are all seeking the same or similar type of recovery.

For example, an FLSA lawsuit may be filed on behalf of all hourly construction workers who worked at a specific company who were all required to travel to a secondary location for work and not paid for travel time. Overtime attorneys for the class of construction workers may file a lawsuit against the company and ask the Court for permission to issue a notice of the lawsuit to all other similarly situated construction workers who worked, at any point, during the previous three years. Upon receipt of the notice in the mail, a construction worker can then join the class/collection action or file their own lawsuit for recovery of unpaid wages.

If a worker receives a notice of a lawsuit with a Consent to Sue form, it means that they are or were employed in a position that falls under a class of individuals who have filed a lawsuit against a company for unpaid wages or overtime. The notice Consent to Sue form which allows the worker to sign and join the lawsuit. However, under the FLSA, the worker has the right to retain their own lawyer and file their own separate lawsuit. The statute of limitations may be running. Therefore, it is important for the worker to timely speak with an attorney about their rights.

The dedicated overtime attorneys in Atlanta at Martin & Martin not only represent workers in class/collective actions that they have filed, but they also represent individuals who choose not to join a class/collective action and instead pursue their own recovery. Atlanta overtime attorneys, Kimberly Martin and Tom Martin, file separate lawsuits on behalf of these individuals. Filing a separate action may provide a worker with an opportunity to resolve their claim much faster than joining a class/collective action covering hundreds or even thousands of workers.

If you and your coworkers wish to file a lawsuit together on behalf of all other similarly situated employees or if you have received a notice in the mail about an FLSA class/collection action that you are asked to join, overtime attorneys in Atlanta, Georgia, Kimberly Martin and Tom Martin, represent workers throughout the state of Georgia and would be honored to speak with you about your rights. You can contact them through the Contact Us page, or by phone at (404) 831-8721. Kimberly and Tom are typically available to respond to questions the same day. For more information about the FLSA, see the firm’s Overtime Blog and FLSA Frequently Asked Questions.