How Long Does a New York Overtime Lawsuit Take to Resolve? NYC Overtime Lawyer Explains

How Long Does a New York Overtime Case Take to Resolve?  Learn More From a New York City Overtime Lawyer

When you are entitled to overtime but your employer is not properly paying you the overtime wages prescribed by law, you may have a New York overtime lawsuit or claim.  As you may know, overtime is protected under federal and New York state law.  Overtime wages must be paid for all hours worked over 40 hours in a workweek.  Overtime must be paid at a rate of 1.5 times the regular rate of pay.  If your employer refuses to pay you overtime, or has improperly calculated your overtime, you may be entitled to commence an overtime lawsuit.

A common question is “how long does a New York overtime case take?”  Unfortunately, each case is different and depends on a lot of factors. Here at SAMUEL & STEIN, our New York City overtime lawyer can review your case and give you a better timeline after determining your claims.  We will advise you of your claims and how to obtain the compensation you may be entitled to.  For more information, read about general claims below.

General Timeframe of a New York Overtime Lawsuit

While each case is different, the general timeframe for a New York overtime lawsuit is about one and a half years from commencement to resolution.  This is measured from the date of the summons and complaint, the date when the lawsuit is officially commenced at the county clerk’s office, to the date the case is settled or disposed of on the law.

However, many wage and hour cases resolve quicker.  Some even resolve right after the summons and complaint is served on the employer or other defendant.  This is because New York Labor Law s 663 awards the prevailing employee reasonable counsel fees.  Therefore, the longer the lawsuit continues, the higher the counsel fees that the employer will have to pay.  This is a major incentive for an employer to settle a case.

Some cases will go over this timeframe.  The reason is generally because there may be multiple other plaintiffs who have also had their overtime wages not paid.  These multiple plaintiffs can form what is known as a class action lawsuit, which can extend the time of the lawsuit but could also help put pressure on an employer to resolve the case quicker.

Not Sure How Long Your Overtime Case May Take?  Call Us to Find Out!

The experienced New York City overtime attorneys at SAMUEL & STEIN are dedicated to asserting and defending the rights of employers and working people throughout New York and New Jersey.  We have the resources, experience, and knowledge necessary to ensure your legal rights are protected and you are not taken advantage of.  Call us today by dialing (646) 480-2149 or use the convenient “Evaluate Now” box on our webpage.  Together we can help answer your questions and protect your rights.

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