If you are an New York employee who was not paid for working overtime, you may be able to file an New York unpaid overtime pay lawsuit. These lawsuits demand that the employer, either past or present, to pay the employee back unpaid wages for overtime hours that were worked but paid. Unpaid overtime lawsuits also seek payment of the attorney’s fees and expenses incurred in pursuing legal action.
Overtime is the amount of time an employee works beyond normal working hours. The Fair Labor Standards Act (FLSA) establishes a standard work week of no more than 40 hours per week for most employees. The federal law requires payment for time worked beyond 40 hours a week at a rate of no less than one and one-half times their regular rate of pay. Most workers, included many salaried workers, are eligible to receive paid overtime.
Employers who violate overtime pay laws can be sued by the employee for the unpaid time. Many of these cases are filed as class action lawsuits by a large number of employees against the same employer. An employer cannot retaliate an employee, like firing or disciplining the worker, if the employee files a lawsuit for unpaid wages. If there is retaliation, the employer may face additional charges in a civil lawsuit for wrongful termination.
New York Overtime Pay Lawsuit News
Related New York Overtime Pay Lawsuit News
M&T Bank Corp. recently agreed to a settlement in a class action unpaid overtime lawsuit to resolve claims that the company violated various provisions of federal labor and wage laws, including failure to pay overtime wages to workers.
A pair of companies operating 17-restaurants in New Jersey and New York recently agreed to a settlement with the U.S. Department of Labor to resolve claims that the defendants violated several provisions of federal labor and wage laws, including failure to overtime pay.
A New York concrete company recently agreed to a settlement with the U.S. Department of Labor to resolve claims that the company violated several provisions of federal labor and wage laws, including failure to pay overtime wages to several employees.
Call centers have been under a microscope lately due to a few companies who have violated various wage laws resulting in a loss in wages for their employees. Although most call centers play by the rules, the nature of the fast-paced and competitive business can sometimes lead to various wage violations.
A group of workers for a high-end New York City steak and chop house recently filed an unpaid overtime lawsuit against their employer over allegations that the company forced the group to perform non-tipped duties and did not pay overtime wages.
Courts For Filing New York Overtime Pay Lawsuits
An unpaid overtime pay lawsuit is generally filed in the federal court or state circuit county court where the employer is located. In many cases, a large employer may have a number of offices, factories, hospitals, or warehouses throughout the State of New York. In these situations, the lawsuit is usually filed in the county in which the employee worked at the time that overtime wages were not being paid. Federal court cases are filed at a specific district court in each state.
The Federal Courts in New York are located in Brooklyn, Central Islip, Albany, Binghamton, Plattsburgh, Syracuse, Utica, New York City, Buffalo, and Rochester. Most federal courts required that all lawsuits and legal pleadings be e-filed and there are strict procedures for filing court documents. There are court fees for both filing court documents and often for viewing court documents.
Most class action lawsuits (“collective action”) are filed in the federal courts. In some circumstances, a case may be filed in the county circuit court. The circuit county filing requirements often vary in each circuit court county courthouse throughout the state of New York.
New York Overtime Pay Lawsuit Compensation
The compensation sought in an New York overtime pay lawsuit is money for the unpaid overtime wages owed by the employer to the employee. Successful claims under the FLSA can date back several years before the filing of the lawsuit. In many cases, the employee can received double the amount of back pay. Liquidated damages may also be allowed and many courts award the employee attorney’s fees, litigation expenses, and interest.
Commonly Asked New York Overtime Pay Lawsuit Questions
You probably have questions about overtime pay lawsuits in New York. Our legal team will answer all of your questions and concerns, including:
- How do I file an New York unpaid overtime lawsuit?
- How far back can I claim wages under the FLSA in a wage and hour lawsuit?
- Who is the best employment lawyer to file my overtime pay case?
- What are the legal fees for an overtime attorney?
- Can I join the class action overtime lawsuit against my company?
- What damages can I sue for in an FLSA case?
- How long does it take for an overtime lawsuit from start to finish?
How To File Your New York Overtime Pay Lawsuit
Our experienced team of attorneys will carefully evaluate your work situation and determine if you are owed back overtime pay from your employer. There are strict time deadlines and if you miss a deadline your case will be lost forever.
To file your New York overtime lawsuit, you should contact our experienced attorneys now at (855) 754-2795 for a Free, No Obligation Case Review. You can also complete the Free Unpaid Overtime Case Review box on this page and an attorney will contact you shortly to explain your legal rights to you.
New York Legal Resources
Our employment law lawyers file unpaid overtime pay lawsuits throughout the entire State of New York, including: New York City, Brooklyn, Queens, Manhattan, Bronx, Staten Island, Buffalo, North Hempstead, Rochester, Yonkers, Kings County, Queens County, New York County, Suffolk County, Bronx County, Nassau County, Westchester County, Erie County, Monroe County, Richmond County, Onondaga County, and Orange County.