Yes, if multiple employees at the same restaurant or company have unpaid overtime claims a cook can file a class action unpaid overtime lawsuit. A worker can also join an existing class action lawsuit if it has already been filed for unpaid overtime pay.
Depending on your situation, you may or may not want to file this type of claim as you are grouped with the rest of your fellow employers. Due to the fact that the case is filed by an entire group, it can provide more strength in numbers to fight against a large business and their high paid legal team. However, depending on your situation compared to your fellow employees and how much unpaid overtime is owed to you, it may be in your best interest to file a private individual claim. In this case, a lawsuit is brought by you against the employer and other similarly situated employees have no involvement in the case.
The FLSA does provide employees with the right to choose a private action against an employer or file within the group.
If you or someone you know has been denied wages as a cook, call our top rated law firm today at (855) 754-2795 for a free, no obligation case review. We will discuss your case with you and determine whether or not it is in your best interest to file an individual or cook class action unpaid overtime lawsuit.