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

UPDATED: Oct 2, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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