PERSONAL AND CONFIDENTIAL 

PROTECTED BY ATTORNEY/CLIENT PRIVILEGE 

 Delarosa, et al., v. City of New York, 1:26-cv-3463 

Case Update: May 08, 2026 

Case Background 

This lawsuit was filed on April 27, 2026, in the United States District Court for the Southern District of New York on behalf of Assistant Highway Repair and Highway Repair workers employed by the City of New York, who work in the Department of Transportation and who signed up for the case by submitting a consent form. If you did not hold one of these positions in the last three years, you are not eligible to participate in this case. 

Attorneys Greg McGillivary, Diana J. Nobile, and Rachel Lerner of McGillivary Steele Elkin LLP, along with Hope Pordy and Elizabeth Sprotzer of the New York City law firm of Spivak Lipton LLP, are representing you in this case. If you have any questions about the case, you can email us at [email protected] and include the case name, “Delarosa v. City of New York” in the subject heading.   

THIS CASE IS NOT A CLASS ACTION! You are only a plaintiff in the case if you affirmatively opt-in by submitting a consent form that has been filed with the Court. If you are a plaintiff in the lawsuit, you will receive a letter from us confirming that we received your signed consent/retainer form and that it was filed in court. If you have coworkers interested in joining the case, they must complete a consent form to participate. They can obtain a consent form by contacting us at [email protected]. 

Recovery Period 

In an FLSA case, the date that each person joins the case is used for statute of limitations purposes for that person’s individual claims. Since there is a two-year, and possibly three-year statute of limitations in FLSA cases, this means that we can recover damages going back two and possibly three years from the date that your consent form was filed in court. This two-year or three-year statute of limitations applies no matter how long you may have worked for the Department of Transportation or in other City employment. Your recovery period continues until the earlier of either the date the case is resolved or that you leave employment as an ACHR and/or HR with the Department of Transportation. 

However, for plaintiffs who were also plaintiffs in the previous lawsuit for ACHR’s and HR’s, Gismundi v. City of New York, 1:23-cv-6145, filed in July 2023, the earliest possible date of eligibility is October 17, 2024, the day after the end of the release period set forth in the settlement agreement.  

Claims at Issue 

This case concerns several claims. The lawsuit alleges violations of the Fair Labor Standards Act (“FLSA”) due to the City’s failure to compensate ACHR and HR for work performed before the start of their scheduled shifts, after the end of their scheduled shifts, and during their unpaid meal periods. Any work time that you have been “suffered or permitted” (directed or allowed) to work—such as if you come in early and begin working without being paid or you work and are not paid because the overtime was not preauthorized by a supervisor—is compensable under the FLSA.  Additionally, the Complaint alleges that the City does not properly calculate the rate of overtime pay in violation of the FLSA, and that the City has unlawfully delayed paying overtime compensation.  

The one caveat in an FLSA case is that we can only recover damages in those workweeks in which the combination of your paid and unpaid actual work time exceeds 40 hours in a week.  

The lawsuit is seeking damages including back pay, liquidated damages and statutory attorneys’ fees and costs.  

Terms of Representation 

Through the contingent fee agreement you signed when you joined the case, you are responsible for the payment of attorneys’ fees in the amount of thirty-three and one-third percent (33 1/3%) of any monies that we recover on your behalf after costs are deducted. In the event that we fail to win or settle the case, you do not owe any attorneys’ fees or costs. 

IMPORTANT PLAINTIFF INFORMATION! 

If you have any documents regarding your unpaid work time in your possession or if you have any documents in which you discuss your work activities, please retain them.  The documents may be helpful to our case. In addition, the City may request these documents and you are legally obligated to retain them.  

Do not discuss the case on social media such as Facebook or X/Twitter, and do not discuss it over text message or in WhatsApp or Signal. If you do, such information will be discoverable.  Similarly, do not enter information about this case into any generative AI platforms (such as ChatGPT, OpenAI, Gemini, etc.) as this information may be discoverable or may become public. The best way to avoid that is simply not to discuss the case on Facebook or X/Twitter or other social media platform, and not to search for information about your claims using AI tools. 

It is important that you keep us updated if your contact information changes at any time while the case is pending. If you need to update your contact information, please do so by emailing us at [email protected] or by submitting the change of address form on our website. You can submit the change of address form by clicking HERE.   

If you have any questions, please let us know by emailing [email protected] with the subject line “Delarosa v. City of New York” or by calling (202) 833-8855 and asking to speak with Taylor Jones. You may also contact Spivak Lipton LLP by emailing Nicole Landig at [email protected] or by calling her at (212) 765-2100.