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FLSA Claims Against New York City Department of Homeless Services

NEW YORK, NY — A number of current and former administrative assistants recently brought wage and hour claims against their employer, the New York City Department of Homeless Services. The plaintiffs brought the case as a collective action under the FLSA and sought to include all similarly situated individuals in the case.  The class was conditionally certified, only to later be decertified by the Federal District Judge in the Southern District of New York, who was not satisfied the class was similarly situated where they worked in different units and reported to different departments.

Can I file an FLSA lawsuit against my employer for unpaid overtime?

Yes, you may be able to file an FLSA lawsuit against your employer for unpaid overtime. FLSA lawsuits seek to hold employers accountable for failing to pay the required wages to their workers.  These claims seek payment of unpaid or underpaid wages, attorney’s fees, and litigation expenses.  Some cases may also force the payment of liquidated damages, which are money damages beyond just the receiving the back pay for unpaid wages.

If your employer owes you overtime wages for work performed, even dating several years back, our top rated attorneys can file a claim for you to recover the unpaid wages that you are owed.  There are strict time deadlines for filing FLSA lawsuits, so it is essential that you contact an attorney immediately. If you wait, you may lose your ability to recover some or all of your back pay.

In this case, the plaintiffs alleged they were forced to work off-the-clock and when these off-the clock hours were included in their time sheet, they were not paid proper overtime wages when included with their regular hours. Following discovery and motion practice, the court granted the City’s motion for decertification of the FLSA collective, determining that the plaintiffs were not similarly situated under the stage two inquiry after discovery is complete.  Generally, Courts in the 2nd Circuit follow a two-step process to certifying FLSA collective actions.  The first step occurs before discovery has been done and a lenient standard is applied.  The stage two inquiry, however, is made on a motion for decertification after discovery has been completed and entails a heightened burden of proof for the plaintiffs to show they are similarly situated.

Moving forward, the case will have to proceed on an individual basis. The Court made no ruling on whether the class had valid FLSA claims, only that the plaintiffs were not similarly situated to the class they sought to represent.

FLSA Overtime Lawsuits

Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.

Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.

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