Heather Richey, et al. v. NBT Bancorp. Inc.
U.S. District Court for the Northern District of New York
Docket No.: 6:24-cv-00362-GTS-MJK
Counsel: Justin Swidler, Matthew Miller
WHAT IS THE CASE ABOUT?
On March 15, 2024, two former NBT Bank employees filed a lawsuit in federal court, asserting NBT failed to pay them overtime wages in violation of the Fair Labor Standards Act (“FLSA”). Specifically, they allege NBT failed to pay them for performing certain procedures when opening and closing the NBT’s branches each day before clocking in and after clocking out, including but not limited to waiting for co-workers to arrive and booting/waking up work computers. The Plaintiffs seek all owed overtime wages plus liquidated (double) damages under the FLSA. The Plaintiffs have also brought a class action in this case for overtime violations under the New York Labor Law.
WHO IS ELIGIBLE TO JOIN?
If you have worked for NBT Bank as an hourly employee at one of its branches and performed opening or closing procedures at any time during the last 3 years, you may be eligible to join the FLSA lawsuit. Please call one of our employment attorneys today for more information. The Court has not yet made any determinations regarding the merits of the case or whether it will be certified as a collective action. However, the statute of limitations (i.e., the time you have to sue NBT Bank for failure to pay overtime wages under the FLSA) will continue to run until you file a Consent Form with the Court or file your own case. Hence, if you have worked for NBT during the last 3 years and wish to protect your rights pending the Court’s decision on certification, you can sign the Consent Form below, which will be filed with the Court.
DO I HAVE TO PAY FOR BEING REPRESENTED IN THE CASE?
No. This firm has taken this case on a contingency fee basis. The firm may be entitled to receive fees and costs from NBT should there be a recovery or judgment in favor of the Plaintiffs. If there is a recovery, the Firm will petition the Court for a portion of any recovery obtained or money judgment entered in favor of members of the class or their fees will be paid separately by NBT. If there’s no recovery or judgment in Plaintiffs’ favor, Swartz Swidler, LLC will not seek any fees or costs from any of the Plaintiffs.