Harry,

This statute section quoted below, 29 USC 216(b ) is absolutely dispositive of the question of whether an employee, or employees may maintain a private right of action (that is, a suit without filing first  the Secretary of Labor):

Any employer who violates the provisions of section 215(a)(3) of this title shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of section 215(a)(3) of this title, including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages. “An action to recover the liability prescribed in either of the preceding sentences may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated.”

There is no statutory or case law requirement for an employee (or employees) with a federal FLSA claim, or state Labor Law (wage and hour) claim

MARSHALL B. BELLOVIN, ESQ.

Member of the Firm

Metro New York Super Lawyer 2015-2019

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