Hillary LeBeau
Wed, 07/28/2021
On July 22, 2021, a Magistrate Judge for the United States District Court, Southern District of New York approved a $429,901.18 settlement resolving the Fair Labor Standards Act (FLSA) claims of four individuals who worked or work for the New York City Fire Department (FDNY) as Motor Vehicle Operators (MVOs) and City Laborers. In June and July 2019, the Plaintiffs filed and joined the lawsuit alleging that the City:
- failed to compensate Plaintiffs for pre-shift work captured on the City’s timekeeping system, CityTime, (Uncompensated Pre-Shift Overtime Claim, or Unpaid Minutes Claim);
- failed to compensate Plaintiffs for overtime work performed during Plaintiffs’ unpaid meal (Meal Period Claim); and
- failed to properly calculate the regular rate of pay in violation of the FLSA by failing to include night shift and vehicle differentials in the regular rate of pay (Regular Rate Claim).
The Plaintiffs’ primary job duties include transporting medical oxygen tanks and other medical supplies to and from FDNY stations throughout the City and transporting fire apparatus and ambulances between firehouses/EMS stations and repair facilities/vendors. They alleged that they performed these duties, along with necessary pre-shift duties – such as retrieving equipment and vehicle keys and preparing and inspecting vehicles for trips – prior to the start of their shifts and during their meal periods without proper overtime compensation.
Though the City did not admit liability in the settlement, the Plaintiffs were paid an average of approximately $35,000, with the highest payout being approximately $47,000, to resolve their claims and dismiss the lawsuit.
For more information, see LAW360’s coverage of the settlement.
