New York City’s MTA and the Triborough Bridge and Tunnel Authority have agreed to settle a class action lawsuit for unpaid wages for $5.4 million. The lawsuit which was brought under the Fair Labor Standards Act (“FLSA”) back in 2018 by a group of employees alleged several wage and hour violations. Those eligible to participate in the recovery of this settlement include more than 160 officers with sergeant and lieutenant titles whose hours worked were not calculated correctly.
One of the most significant violations claimed by the officers was that they were required to complete work before and after their shifts. They alleged that because they had not clocked in or had already clocked out when starting or finishing their work their hours went unaccounted for and unpaid by the MTA. Additionally, the officers claimed that even if they did try to log their times accurately, the organization had a “time-shaving policy” in effect that rounded down their clock-in times. If they clocked-in before their shift their time to their scheduled start time and if they clocked-out after their shift time was over it was rounded back down to their scheduled finish time. They also alleged that they were not paid their overtime correctly because the MTA failed to include additional compensation such as bonuses into their regular rate, thereby reducing their overtime pay.
Unfortunately, many industries try to cut costs by not paying their employees for all of their hours worked. As seen in this case, forcing employees to complete tasks before and after their shifts without pay is a common tactic. If you find yourself completing work such as prepping equipment and setting up stations before your shifts or finishing up logs, calls or preparing the oncoming shift with new information, you may be owed wages. Speaking to an employment attorney for more information can help inform you of your rights. Fitapelli & Schaffer, LLP offers a free and confidential consultation at (212) 300-0375 or you can also visit our website here for additional information.