Q: Can my hours worked be converted into 40 hour week periods for the purposes of the payout in a class action settlement?
I was an hourly, non-exempt employee in California. My former employer is currently settling a class action settlement on the basis of FLSA and California Labor Code violations. I received a notice calculating my weeks worked for a five-year period, but the total number of weeks seems quite low given that I worked there for the full five year period in question. However, I generally worked 30 hours per week with the approval of my supervisor while many other office employees worked around 40 hours per week.
A:
This is a question you need to address to the attorney representing the class. How damages are calculated can often be a negotiated term of settlement. You need to know what the negotiated term was, if any.
As a class member, you have the right to either object to the settlement or, depending on the venue and the procedural status of the case, opt out of the settlement and make your own legal claim. It would be wise to consult with an attorney about this before you would make those kinds of decisions.
Good luck to you.
1 user found this answer helpful
A:
You asked: "Can my hours worked be converted into 40 hour week periods for the purposes of the payout in a class action settlement?" and then alluded that you were assigned a certain number of work weeks over the 5 year period but you only worked 30 hours a week or 3/4 of full time. If I understand this correctly, the court might have approved converting employees work into 40 hour work weeks for the five year period by multiplying by a proportionate factor. So your total work weeks would have been multiplied by 3/4.
I agree with Neil that your question should be addressed to the attorneys representing the class, you can ask for how they came to that calculation for you.
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1 user found this answer helpful
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