NEW YORK — New York Police Department sergeants will receive $8 million in a recent overtime pay settlement with the city. The settlement resolves the most recent dispute among the city, the NYPD, and its sergeants. The NYPD sergeants claimed they were wrongfully denied the overtime pay they were entitled to under the Fair Labor Standards Act (FLSA), despite previous court decisions clearly stating they were entitled to overtime for all hours worked beyond a 40-hour workweek.
The NYPD Overtime History
The most recent lawsuit was filed in May 2014 and was the third lawsuit regarding the NYPD sergeants’ overtime wages. In 2004, the sergeants filed a lawsuit claiming they were entitled to overtime pay. Prior to 2004, the NYPD classified the sergeants as exempt from overtime and, therefore, did not pay the sergeants overtime wages when they worked more than 40 hours in a workweek. The Second Circuit Court of Appeals determined the sergeants were entitled to overtime pay, and the Supreme Court refused to hear an argument that they were not. However by the time the Court of Appeals made its decision, the sergeants had to file a second lawsuit in order for all of the newer sergeants to be able to receive the back wages they had earned while the initial lawsuit was being decided. The second lawsuit was also resolved with a settlement.
The Recent Overtime Claim
In the most recent overtime pay lawsuit, the sergeants were receiving overtime; however, they were not receiving all of the overtime wages to which they were entitled. The sergeants alleged the city failed to correct some of the issues remaining after the two previous overtime lawsuits. For instance, the city would not pay the sergeants for time spent preparing for roll call, it would schedule the sergeants to work extra hours and not pay overtime, and the city failed to factor in bonus wages when calculating overtime pay.
The city did not admit any wrongdoing in the settlement. But since there was still evidence that the sergeants were not receiving proper overtime wages, the city decided to settle the dispute out of court. More than 5,000 NYPD sergeants will share in just over $8 million in back pay and liquidated damages. If the settlement offer is approved by 90 percent of the sergeants in the lawsuit, it will likely receive final approval from the court.
Even when an employer properly classifies an employee as non-exempt and entitled to overtime pay, there is still the possibility that the employer will intentionally or unintentionally fail to provide proper overtime wages. If you believe this is the case in your situation, contact our experienced team of overtime pay lawyers today at (855) 754-2795. Or complete our Free Unpaid Overtime Case Review form and our experienced legal team will evaluate your case. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.