If you’ve worked overtime without proper pay, you might be wondering not only how to recover your own wages, but also whether you can take action on behalf of your coworkers. Here’s what the law says.
The Basics: Your Right to Overtime Pay
Under the Fair Labor Standards Act (FLSA), most employees must be paid 1.5 times their regular hourly rate for all hours worked over 40 in a workweek. When employers fail to do this, employees can file a claim or lawsuit to recover:
- Unpaid overtime wages
- “Liquidated damages” (an amount equal to the unpaid wages)
- Attorneys’ fees and costs
Can One Employee Represent Others?
Yes—but only under specific conditions. The FLSA allows what’s called a “collective action” (found in 29 U.S.C. § 216(b)). This is similar to a class action, but with one key difference:
- Employees must affirmatively “opt in” by filing a written consent to join the case.
- Only those who opt in become part of the lawsuit and are bound by its outcome.
So, while an individual employee can start a case on behalf of themselves and other “similarly situated” workers, they cannot represent others automatically. Each coworker must choose to join.
What Does “Similarly Situated” Mean?
Courts generally find workers to be “similarly situated” when they:
- Have the same or similar job duties,
- Were subject to the same pay practices, and
- Were denied overtime in the same way (e.g., all were misclassified as exempt or told not to report certain hours).
Key Steps if You’re Considering Action
- Document your hours and pay. Keep timecards, pay stubs, or other evidence.
- Talk to coworkers. If others are affected, they may want to opt in.
- Consult an employment lawyer. They can help determine if a collective action makes sense and handle the required filings.
- Act promptly. The FLSA has a 2-year statute of limitations (3 years for willful violations).
Bottom Line
You can bring an FLSA case on behalf of yourself and others, but your coworkers must affirmatively opt in to join. You don’t “represent” them as an attorney would; instead, you serve as a “named plaintiff” in a collective action that others can join to recover their unpaid wages.
Need Help
If you believe you and your coworkers have been denied overtime pay, talk to an experienced employment lawyer at Bohrer Brady, LLC. We can evaluate your situation, file claims properly, and help ensure everyone who wants to join can do so. Consultations are confidential and free.
