Is it possible for a family member to file a claim on unpaid overtime pay on the employee’s behalf?

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Is it possible for a family member to file a claim on unpaid overtime pay on the employee’s behalf?

For a few months now, my mother has apparently been suffering from unpaid overtime hours at her job. It was so bad that she had to resort to getting a new job to compensate for what isn’t owed to her. She doesn’t wish to take this to court as she doesn’t like to escalate a situation, despite what’s happening to her being illegal in NY. However, I believe this is something she can’t just throw under the rug and get another job since that’s not solving the issue. I would like to know if it’s possible to file a claim on unpaid overtime pay on her behalf.

Asked on October 30, 2019 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, it is not possible to do this. It is her claim, not yours: nobody, not even a lawyer, can assert a claim on behalf of another person against their will or without their consent; and a nonlawyer cannot bring claims for another adult.


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