WAGE AND HOUR CLAIMS FAQ

1. What is the statute of limitations for filing a Fair Labor Standards Act, (“FLSA”) lawsuit in Federal District Court alleging failure to pay minimum wages or overtime?

The statute of limitations for a FLSA claim is two years after the cause of action accrued, except in case of willful violations when actions may be brought within three years. A violation is willful if the employer either knew its conduct was a violation of the FLSA or showed reckless disregard as to whether its actions complied with the FLSA.

2. What additional monies is a worker entitled to claim when alleging failure to pay minimum wages under the FLSA?

The FLSA authorizes workers to receive an additional sum equaling 100 percent of underpaid wages as mandatory liquidated damages.

3. What is the statute of limitations for filing a New York Labor Law (“NYLL”) lawsuit in New York State Supreme Court alleging failure to pay minimum wages or overtime?

The statute of limitations for a NYLL claim is six years after the cause of action accrued.

4. What additional monies is a worker entitled to claim when alleging failure to pay minimum wages under the NYLL?

The NYLL authorizes workers to receive an additional 100 percent of underpaid wages as mandatory liquidated damages.

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