How Long Do I Have to File a Overtime Claim in New York?
What the Statute of Limitations is on New York Overtime Claims: What is the Time to File an Overtime Claim in New York?
In New York, overtime wages are provided for under two separate and very different bodies of law. The first is under the Fair Labor Standards Act, or FLSA, which is a federal act setting forth the minimum wage and overtime requirements throughout the United States. The second is under the New York Minimum Wage Orders which are in the New York Labor Law. While both laws provide similar overtime requirements, both have very different statute of limitations for overtime claims, or time periods to commence an overtime claim in court. Do you know the time to file an overtime claim in New York?
It is important to know what these time periods are and how to protect your rights to compensation because, if you try to bring claim outside of the statute of limitations period, your lawsuit may be dismissed in its entirety due to procedure. Call our experienced New York City overtime lawyer to learn your rights and ensure they are protected.
What is the Statute of Limitations?
Generally, the statute of limitations is a time limit that you have on an action. This means that you must bring a lawsuit within a certain amount of time after your claim accrues, or the acts that give raise to your claim occur. The purpose behind the statute of limitations is to prevent “stale claims,” or claims that have been lingering for too long. This is because the longer a claim lingers, the more likely evidence will be destroyed, memories of witnesses will fade, and the overall ability to defend a case will decrease to a point where it is no longer fair to prosecute.
What is the Statute of Limitations for a FLSA Overtime Claim?
Under the federal FLSA, a claimant has two years to commence a claim to recover overtime wages that were not properly compensated. This is applicable to most wage and hour and overtime claims, although there may be some exceptions. For instance, if the failure to pay overtime was intentional or willful, then the statute of limitations is three years. This gives employees additional time.
What is Statute of Limitations for a New York Labor Law Overtime Claim?
The law under the New York Labor Law is significantly longer for an employee to make an overtime claim. New York allows an employee six years to recover the overtime wages owed. In some instances this may even be longer, but the best practice is not to relay on tolls (such as disability or infancy).
Not Sure When Your New York City Overtime Claim Expires? Call Us to Learn More!
Still not sure of the time to file an overtime claim in New York? The experienced New York City Wage and Hour 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.