Fitapelli & Schaffer recently filed a lawsuit seeking unpaid overtime on behalf of Marketing Representatives who have worked for Fidelis. We are seeking to have the Federal Overtime claims under the FLSA certified as a collective action, in which we would mail notices to all Marketing Representatives who worked for Fidelis. If someone sends back the form, they will opt-in to the case and be eligible for Double Damages. We are also seeking to have the case certified as a class action pursuant to the New York Labor Law. Employees of Fidelis should be aware that the company cannot retaliate against them in any way, should they choose to participate in the lawsuit and attempt to recover unpaid overtime for all hours worked over 40 per week.
Fidelis is an example of an “off the clock claim” because we believe employees worked over 40 hours per week, but submitted time sheets stating they worked only 37.5 hours per week. The law is clear, that overtime must be paid for all hours an employee is suffered or permitted to work. If an employer knew, or should have known that their employees were working over 40 hours per week, they may be liable for unpaid overtime.