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Retaining Lawyer Negates Equitable Tolling

By Alfred G. Feliu

You are unsure of your rights, so you retain a lawyer. Do so at your own risk and detriment, one judge has concluded in the context of a FLSA claim for overtime. Patraker v. The Council on the Environment of New York City, 2003 WL 22336829 (S.D.N.Y. 10/14/03) (Kaplan D.J.)

Joe Patraker alleged that he regularly worked overtime without compensation. After many years of employment, he retained a lawyer to review a proposed employment contract tendered by her employer. Throughout his employment, his employer failed to post the required FLSA poster informing employees of their right to overtime pay. Patraker sued seeking recovery of his unpaid overtime.

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