Text Marc operates as a subsidiary of Marc H. Phelps’ law firm, The Phelps Law Group. The Phelps Law Group was founded in 2009. It has won millions of dollars of recoveries for its clients over the last fifteen years. The following are some of the highlights, although new cases are always being filed and settled. While people tend to be interested in recoveries, it is important to remember that cases involve other things too, such as getting justice, facing one’s abusers, working with an attorney who cares about his clients as people, and achieving a result that can be therapeutic. It is impossible to quantify these types of results, but we hope that reading through the testimonials section will help. In offering a contingency fee arrangement, we want to be understanding of the fact that clients probably do not have spare funds to pay an attorney after having lost a job or having been involved in an accident. Accordingly, we are willing to be your partner in the case – taking on the financial risk of loss – as we are also confident in our ability to win. Aligning economic incentives like this between client and attorney is beneficial because it creates a common goal rather than a billable hour model which just incentivizes attorneys to spend lots of time on questionable work.
Here are some of the results, in more detail than you see on the ticker at the top of the homepage.
Company names have been with held due to privacy clauses in settlement agreements.
Text Marc operates as a subsidiary of Marc H. Phelps’ law firm, The Phelps Law Group. The Phelps Law Group was founded in 2009. It has won millions of dollars of recoveries for its clients over the last fifteen years. The following are some of the highlights, although new cases are always being filed and settled.
Company names have been with held due to privacy clauses in settlement agreements.
Meal and rest periods were not provided to thousands of checkers, counter workers, and other hourly employees.
Employees were required by the employer to call in for scheduled shifts on the same day to see whether or not they were supposed to come into work. We argued that this practice violated the law because it restricted employees from making plans, throwing their schedules out of whack at the whim of their employer. In the event that the employer chose to schedule these "call ins," it should have paid the employees a premium wage to compensate them for it. Subsequent to the filing of our lawsuit, this large, publicly traded corporation (and others like it) discontinued the practice of scheduling call in shifts, saving hundreds of thousands of young workers from dealing with this predatory scheduling practice.
Mortgage agents were required to meet unrealistic loan quotas, resulting in overtime work that they weren't paid for. Additionally, these agents took on assistants to help shoulder the workload -- but the company did not pay those salaries, as was its obligation. This case is another prime example of the drive for corporate profits resulting in pressures on employees to complete an impossible workload within business hours.
Software engineers were misclassified as "exempt" from overtime, meaning that they were paid salary when they should have been paid hourly yet worked long hours. This settlement greatly benefited a tight knit group of overworked, underpaid employees.
Tellers were not paid for time spent opening and closing bank branches, and were called back to work during breaks.
Servers performed sidework after clocking out and didn't receive breaks due to customer rushes at this major burger chain.
Delivery drivers and other workers were denied breaks and shortchanged on their wages. Because franchises are generally operated by a single owner, wage law compliance is sometimes less (and more disorganized) than when a major corporation with a dedicated Human Resources and Legal Department is involved.
Gate agents at the Los Angeles International Airport worked off the clock and missed breaks; the lawsuit provided them with relief for these practices.
Relief was provided to truck stop workers at major chain which services professional drivers and highway travellers for missed breaks, which happened due to improper training of managers and their managers' practice of adjusting employees' time records to show that breaks were taken that in fact were not.
Systems engineers who engaged primarily in validation and testing were incorrectly paid on a salary basis. Therefore, the lawsuit allowed them to recover overtime that they should have been paid due to their job duties (the employees were allegedly "misclassified," meaning that they were incorrectly paid salary instead of hourly because their job duties weren't advanced enough -- and were then made to work long hours, for which they received no compensation). As a cost cutting measure, employers, particularly in the tech space, frequently pay salary and thereby get away with working engineers long hours and not paying them extra for the overtime.
Workers at NFL stadiums, convention centers and golf courses were not paid for time standing in security lines, and missed breaks due to lack of relief. Employers often cut costs by understaffing, leaving no relief for employees so that breaks need to be missed. And, while waiting in line to pass through a metal detector doesn't seem like "work," the employer is requiring it so the time must be paid for.
Brokers' Assistants were not paid extra for overtime and were denied breaks. Managers often face intense pressure from their employer for increased results and one of the first ways they do it is by overworking their subordinates. Hours therefore go up, but workload and expectations do not go down. This case involved assistants being overloaded with work by their bosses, and therefore having to work off the clock and take "working lunches" to get it done. Here, the employees also recovered off days and other compensation other than money that we negotiated with the goal of improving their quality of life.
Servers at high end restaurants performed sidework after clocking out, were required to provide their own uniforms, and didn't receive breaks due to customer rushes.
Major designer of women's activewear failed to provide meal and rest periods to hourly employees.
The firm entered into a long list of individual settlements on behalf of clients who worked on the sales floor at a discount clothing chain. The employees were not provided with breaks and were shorted on wages. Some cases, such as this one, begin as class actions but evolve to become many individual cases where clients are represented separately. Oftentimes, it is more cost effective for the employer simply to settle for the whole class of workers than to pay multiple employees separately.
Drivers were denied breaks and worked off the clock. Professions like these, which require employees to be on call, or at the ready, to respond to emergencies often do not pay for time spent waiting for a call -- as they are legally required to.
Employee was wrongfully terminated based on his disability, which he had made known to his supervisor and to the employer's HR personnel well beforehand.
Female employee was subjected to a campaign of sexual harassment by her male supervisor and placed in harm's way by an employer who was aware of the supervisor's predatory tendencies yet did nothing to protect employees from him.
Female employee was continually propositioned by her direct supervisor. When she declined his advances, the pressures increased to a physically dangerous situation. The supervisor was married yet had a history of preying on his employees.
Employee with years of seniority and experience was suddenly let go when the company believed that his medical condition prevented him from doing the job. Employers cannot take action against employees because of a disability or disease. Even where the company thinks that the condition prevents the employee from doing his/her job, it needs to look for other positions for them that they are able to perform.
Employee experienced race discrimination which included multiple offensive, harassing comments made by superiors.
Employees were shorted on commissions and missed breaks. Cases often arise in the mortgage industry that involve commission or wage raiding by companies against their agents. The industry tends to be poorly regulated and abuses are common. Cases involving wage and hour violations are generally brought as class actions, but individual actions can be pursued as well.