From labor disputes cases to labor and employment publications, for your research, you’ll find solutions on Bloomberg Law®. Protect your clients by developing strategies based on Litigation...
New York, New York. It’s a hell of a town. Overtime’s up, but paychecks are down.
That’s the allegation in a proposed class action filed Dec. 27 by school aide Edwin Henry and fire alarm dispatcher Faye Smyth. They say the city is delaying overtime and minimum wage compensation past the first paycheck after it was earned. The practice goes back to approximately December 2013, the lawsuit in the U.S. District Court for the Southern District of New York says ( Henry v. City of New York , S.D.N.Y., No. 1:16-cv-09971, complaint filed 12/27/16 ).
The case, brought under the Fair Labor Standards Act, highlights a difference in how the law addresses timeliness of pay. Overtime pay is discussed in a regulation issued by the Department of Labor, while minimum wage compensation is tackled in the department’s Field Operations Handbook. Both materials call for payment on the first regular payday after the work is performed. There is some leeway if time is needed to calculate overtime, which can be tricky for a variety of reasons, such as when employees work different positions at different hourly rates.
Neither provision allows payment to be made later than the second paycheck after the work was performed. Courts are typically less willing to rely on the handbook for interpretive guidance because it doesn’t go through the same administrative procedure as a regulation.
There are at least five occasions when Henry didn’t receive a paycheck on the scheduled payday, despite performing work during the pay period it would have covered, the lawsuit says. As a result, he was dropped from his health insurance plan because he was considered “no longer on payroll,” the complaint says.
Representatives for the parties couldn’t be reached for comment Dec. 28.
The city employees are represented by James Murphy and Lloyd Ambinder of Virginia & Ambinder LLP in New York City. An attorney hasn’t entered an appearance for the city.
To contact the reporter on this story: Jon Steingart in Washington at email@example.com
The complaint is available at http://www.bloomberglaw.com/public/document/Henry_et_al_v_The_City_of_New_York_Docket_No_116cv09971_SDNY_Dec_.
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)