NEW YORK — Workers for a New York-based chain of convenience stores recently scored a major victory when a federal judge for the U.S. District Court Northern District of New York certified class action status for an unpaid overtime lawsuit against the company. The ruling is significant since other similar lawsuits against the defendant were dismissed, leaving many wondering whether or not they would be able to recover their duly-owed back wages.
In his ruling, the judge found the plaintiffs’ claims were similar enough to warrant class action certification and allow their unpaid overtime lawsuit to proceed. According to attorneys representing the plaintiffs, the next step in the case will be to identify other possible members of the class who worked for the defendant’s 335 locations across New York and Vermont.
In their unpaid overtime lawsuit, the plaintiffs allege they were not paid overtime for working more than 40 hours per week, as per federal and state wage laws. Specifically, the workers allege they were not compensated for the time they spend in mandatory store meetings nor were they allowed to take an uninterrupted 30-minute meal break required under state law.
State and Federal Overtime Pay Laws
Many employers engaging in wage theft are either uninformed of state and federal wage laws or intentionally trying to skirt their requirement to pay employees their hard earned pay. In cases where employers do not intentionally violate wage laws, plaintiffs are generally limited to recovering only two years of back wages under federal law and sometimes more under some state laws.
When employers intentionally violate federal wage laws, plaintiffs may recover up to three years of unpaid wages and may even be entitled to liquidated damages equal to their back pay. Some states allow wage theft victims to recover even more years of back pay when they can prove their employer intentionally broke the law.
In either case, intentional or not, plaintiffs have legal recourse to recover their duly owed income and take their employer to court.
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 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.