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Can an FLSA case be brought on behalf of a deceased employee?

Orlando, FL |

Can a case be brought against a company under the FLSA for unpaid overtime on behalf of a deceased employee? Or does the employee have to bring the case themself, and all rights against the employer are lost at their death?

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Attorney answers 1


There has been case law that supports the position that claims based upon the FLSA survive the employee's death and a surviving spouse has the right to assert those claims, as long as they are not time barred. I hope this helps you.

Please note that the information provided should not be relied upon as legal advice as there are many other factors that might need to be considered before taking any legal action. My firm is experienced in handling legal claims in the employment law field and we would be honored to discuss your legal concern in greater detail if warranted. Thank you.

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