SAN FRANCISCO — An overtime pay lawsuit against Safelite AutoGlass in California federal court has recently been dismissed. The dismissal was initially requested, not by Safelite, but by the former technician who originally filed the lawsuit. The former technician had claimed the company failed to pay the overtime wages he was entitled to and he was seeking class action status. However, after a number of court decisions in Safelite’s favor, the former technician decided to drop his claim.
The Technician’s Claim
The overtime pay lawsuit was filed by a former Safelite technician, Joseph Perez, in 2010. Perez claimed Safelite Group Inc. denied him and other similarly situated associates the overtime wages to which they were entitled when they worked more than 40 hours in a workweek, or more than 8 hours per day. In April 2011, the court denied Perez’s motion for class certification. And in March 2012, Perez’s individual claims were dismissed by the district court judge. But, the court said Perez’s claims and stake in the potential class action remained as a class representative, so he was able to continue pursuing the lawsuit.
When the class certification was denied and his individual claims were dismissed, Perez appealed the decision to the Ninth Circuit Court of Appeals. However, in January 2015, the District Court requested both parties to provide a reason why the case should not be dismissed for lack of a named plaintiff, other than Perez. After no other named plaintiff appeared by the end of January, Perez requested the court dismiss the lawsuit. Safelite joined the request and the lawsuit was dismissed.
Individual vs. Class Claims
When an employee or former employee believes they have been wrongfully denied the overtime wages or minimum wage to which they were entitled, they potentially have an individual claim against the employer for failure to pay proper wages. If the individual suspects that other employees may also have been subject to the denied wages, the individual could have a claim as part of a class action. Depending on the amount of evidence and the strength of the individual’s claims, the individual may choose to pursue a class action in addition to the individual claims. But if the individual’s claim is not the strongest, and other plaintiffs with as strong or stronger claims are willing to join the lawsuit, then a class action may be the best or only option.
Pursuing wage and overtime claims may seem daunting with all of the options and requirements that need to be met. An experienced overtime pay lawyer can help reduce the stress associated with the process and answer any questions you may have. Call our experienced team of overtime pay lawyers at (855) 754-2795 today. Or complete the Free Unpaid Overtime Case Review form on the top right of this page and our knowledgeable legal team will evaluate your case. If we accept your case, we will represent you at no cost to you unless you receive a settlement, under our No Fee Promise.