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The Lyon Firm is actively involved in Unpaid Wage Disputes and Wage Theft Class Action Lawsuits
Nationwide Success

Wage and Hour Lawyer

investigating wage theft and unpaid overtime claims

One day or a week of missed overtime pay does not amount to much, but over years and with several thousand employees, some companies try to cut labor costs at the expense of workers and staff.

The Lyon Firm can help you seek justice and compensation. Contact us regarding unpaid overtime or wage theft issues so we can help you secure fair payment and help improve the industry for you and your coworkers.

What Are Employers Overtime Pay Requirements?

The federal overtime laws detailed in the Fair Labor Standards Act (FLSA) note that employees must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit on the number of hours employees (aged 16 and older) may work in any given week. The FLSA does not require overtime pay for normal work hours on weekends, holidays, unless overtime is worked on such days.

The overtime pay labor laws apply on a workweek basis, or seven consecutive 24-hour periods. The law does not specify any calendar week, and may begin on any day and at any hour of the day. The averaging of hours over two or more weeks is not permitted.

What Is Unpaid Overtime?

Unpaid overtime lawsuits are very common in the current employment cycle, and settlements can compensate workers for their lost wages and instances of blatant wage theft. Perhaps wage theft has been a problem for as long as employers have found ways to cheat workers, but labor laws dictate that employees no longer have to suffer.

Court filings of wage and hour lawsuits have increased dramatically in recent years, a bad sign for employers, and typically a good harbinger for employees. Collective settlements and class action lawsuits have cost employers millions due to negligent corporate practices and illegal wage theft violations.

Ohio does not have one of the strongest wage and hour laws in the country, however your Wage and Hour attorney can hold any employer accountable for labor violations.

The Lyon Firm takes cases based on allegations of employee misclassification, independent contractor misclassification, unpaid work, improper calculation of the regular pay rate and overtime pay, minimum wage violations, missed meal and rest breaks, donning and doffing time, and other types of wage theft lawsuits.

In a recent case example of unpaid overtime lawsuits, Fuyao, a large Dayton, Ohio manufacturer, was sued by 636 current and former workers for unfair labor violations.

The company settled recently with the workers. The original plaintiff filed a lawsuit after she allegedly worked overtime at Fuyao without being paid a time-and-a-half wage. Other labor violation claims labor violation claims noted that workers were not fully relieved of duties during their “breaks.”


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Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.

The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.


The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.

Can I File a Wage Theft Lawsuit?

Thousands of workers across the nation are victims of wage theft each year, and are victims of withheld wages or unpaid overtime. As a result, employees have sought retribution, and have successfully filed class action wage and hour lawsuits against employers.

When employers go to great lengths to increase profits, they often do so in an unethical and unlawful way. Wage theft is more common than many American workers realize, and wage and hour laws are upheld by courts to protect employees, and compensate them for the loss of hard-earned wages.

Common targets of wage and hour lawsuits in recent years have been retailers, restaurants, construction companies, banks and manufacturers. Any worker who has experienced unpaid wages from their employer may have a case and should contact an experienced employment claims attorney.

Can I File an Unpaid Overtime Class Action?

The majority of class action wage and hour lawsuits allege that employers violated the Fair Labor Standards Act (FLSA), which dictates minimum wage, overtime pay, and prohibits “off-the-clock” work without pay.

Federal and state law requires private employers to pay overtime at 1.5 times (time and a half) the regular hourly rate for all time worked over 40 hours in a “workweek.” A workweek is determined by the start of the employer’s payroll period.

Under state law, private employees covered by collective bargaining agreements or “uncoerced” compensatory time requests can be paid compensatory time in lieu of overtime.

Work actually performed is work that must be paid, regardless of a “no overtime” policy or requirement for prior approval of overtime or work after hours. Employers cannot expect or allow hourly employees to perform unpaid work. An Ohio wage and hour lawyer can help determine what employer violations may be presented to the courts.

In some cases, duties performed “off the clock” are compensable, and may require regular or overtime compensation. Examples may include time spent cleaning up, changing uniforms, preparation or cleaning of equipment, or closing out a cash drawer.

Employers that violate labor law often refuse to pay overtime to entire groups of workers, which makes a class action lawsuit viable. Many workers have filed class action lawsuits with an Ohio wage and hour lawyer, alleging employers withheld tips, did not provide meal and rest breaks, and did not pay properly for promotional work.

Other unpaid wages claims and wage theft lawsuits allege employers fail to pay for time changing into and out of work clothes (doffing and donning), and are forced to stay at the workplace off the clock.

What are some Recent Unpaid Overtime Settlements?

  • Brinker Restaurant Corp. paid $56.5 million in a case that included 108,000 workers who alleged wage and hour violations.
  • The City of Los Angeles paid $26 million to settle a case that included over 1,000 trash truck drivers who alleged meal and rest break violations.
  • Walgreen Co. settled a case for $23 million after 40,000 workers alleged they were denied overtime and meal and rest breaks.
  • Schneider Logistics Transloading and Distribution Inc. paid $21 million after employees were allegedly denied overtime and minimum wage.
  • The San Francisco Giants baseball club paid more than $500,000 in back wages to dozens of clubhouse and administrative workers that had not received minimum wage and overtime pay.
  • Farmers Insurance agreed to pay more than $1.5 million in back wages to nearly 3,500 call center employees after federal authorities discovered possible “significant and systemic” violations of overtime and record-keeping rules.
Attorney Joe Lyon investigating unpaid overtime claims.
fair labor and justice


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Questions: Wage Theft Litigation

What is unpaid overtime wage theft?

Unpaid overtime wage theft occurs when an employer fails to pay employees the overtime wages they are legally entitled to for working more than a certain number of hours in a workweek.

How do I know if I have been a victim of unpaid overtime wage theft?

Signs of unpaid overtime wage theft can include not receiving overtime pay for hours worked beyond the legal threshold (typically 40 hours per week), incorrect employee classification, or forced off-the-clock work.

Can I sue my employer for unpaid overtime wage theft?

Yes, you can file a lawsuit against your employer if you believe you have been a victim of unpaid overtime wage theft. Consult with an attorney specializing in wage theft cases for guidance.

Will I face retaliation from my employer for pursuing an unpaid overtime wage theft lawsuit?

Retaliation is illegal, and employees are protected from retaliation when asserting their rights in wage theft cases. An attorney can help ensure your legal protection if you face retaliation.