NEW YORK — A pair of workers for the city of New York recently filed a proposed class action unpaid overtime lawsuit against the city claiming the defendant failed to pay overtime and other wages in a timely manner. Under the Fair Labor Standards Act (FLSA), employers must pay their employees on the next immediate pay period or possibly face serious civil or criminal penalties.
The plaintiffs, one a school aide and the other a fire alarm dispatcher for the city, claim that the city frequently made late overtime payments from December 2013 to the time the suit was filed. While handbooks for the Department of Labor do allow employers some additional time to calculate overtime pay, regulators expect overtime payments dispensed no later than two pay periods.
Although courts do not typically consider materials taken from regulatory manuals as jurisprudence, the judges could actually take the regulatory framework under advisement to decide the case. The suit, filed in U.S. District Court for the Southern District of New York, seeks back pay, interest, and other penalties to help compensate the plaintiffs and other similarly affected individuals working for the city of New York.
Plaintiff Claims Late Paychecks Forced Insurance to Drop Him
One of the plaintiffs claims the pay discrepancies led his insurance provider to drop his coverage, assuming the plaintiff was no longer on the city’s payroll. While the suit is still in its early stages and the exact number of possible plaintiffs is not known, there could be many other city workers who found themselves in a similar situation as this particular plaintiff.
Under the FLSA, wage theft victims can recover not only their lost wages, but also liquidated damages equal to the back pay. Furthermore, successful claims can also recover attorneys’ fees to cover the cost of litigation. Another key provision of the FLSA also allows courts to impose injunctions of violators to ensure new business practices are put in place to curb future violations.
Municipal Worker Unpaid Overtime Lawsuits
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel 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.