Public Employee Press: PEP Talk
DC 37 urges members to opt in to NYC H+H OT pay lawsuit
By STEVEN SYKES
Associate General Counsel
DC 37 and outside counsel are representing union members in an action against New York City H+H regarding its violation of the Fair Labor Standards Act (FLSA). The lawsuit alleges that H+H is not including additions to gross (longevities, differentials, etc.) in the base hourly rate when calculating the time and one-half overtime rate.
All DC 37 members who are in an FLSA-covered title at H+H and worked more than 40 hours in any week since July 2016 should opt in. We are only providing representation to dues-paying members. The opt-in forms were mailed to all dues-paying members in affected titles in early September. If you did not receive the forms and are a dues-paying DC 37 member who worked in a covered title, please contact outside counsel at 516.570.4343 to request forms.
Due to the nature of the lawsuit, if it is successful, the back pay awards will range greatly based on the amount of overtime each member worked. The lawsuit is at its early stages and there is no guarantee of success. Unlike a class action where potential class members need to opt out, in a FLSA collective action, each plaintiff must submit an opt-in form. Members have until Nov. 9 of this year to opt in.
