New York and federal law offer options for employees who want to pursue unpaid overtime as a group or on behalf of other employees.
Federal law allows for a “collective action.” There is no minimum number of employees for a collective, and it requires employees who similarly situated, meaning they have experienced similar wage and hour practices as the original plaintiff, to “opt in,” usually by filing out a simple form.
New York law provides for “class actions.” The standards for certifying a class are a bit higher and usually require at least thirty, preferably forty or more, employees who work in similar positions and experience similar wage and hour practices. The advantage of a class action is that once a class is certified, employees do not need to take any action; they are automatically included unless they “opt-out.”
We often file “hybrid” actions, meaning that it is both a collective and class. This gives us maximum flexibility in representing groups of employees who have all been underpaid in the same way. If you are not receiving overtime and know that other employees who have similar jobs also don’t receive overtime, you could be eligible to pursue an overtime class action lawsuit. This is an important and meaningful way to fight back against wage theft, make your voice heard, and often have a better chance of recovering your wages.
