As a Nassau County employee, you may have noticed that your overtime pay has often been late in the past. Not only that, but your pay stubs also may not have the information you need to verify that you have indeed received the earnings your employer owes you. This could cause inconvenience or even hardship, and according to both state and federal law, it is also illegal.
The Federal Labor Standards Act includes requirements to ensure that, as a nonexempt employee, you get your pay in a timely manner along with documentation of the hours you worked and your overtime rate. The New York Labor Law also includes requirements of this nature.
Violation of these requirements has led employees of the County to file a collective action lawsuit.
What is a collective action lawsuit?
This type of litigation is similar to a class action, which involves a claim brought by a group of people with a common legal issue. However, a collective action involves cases brought specifically due to violations of the FLSA.
Why should you join?
As a County employee, you may have been subject to the same illegal payment practices as about 8,000 others in the area. The sheer number of people involved would flood the court dockets if each were to file an individual action. By filing together, County employees all benefit from an expedited process, shared legal costs and a fair decision for all.
How can you join?
The plaintiffs bringing the action are preparing to notify people who may be eligible to join. This includes nonexempt current and former employees who worked for the County from July 18, 2010, until July 18, 2016. If you want to join this action, you do not have an automatic opt-in, as you would with a class action lawsuit. In this case, you must file an individual consent.
There is a statute of limitations that the plaintiffs must work within, so you may want to explore your options and determine if you are eligible without delay.