Court Approves a $5.4 Million Settlement for TBTA Sergeants and Lieutenants’ FLSA Overtime Claims


On May 6, 2020, the Honorable Vernon S. Broderick of the United States District Court for the Southern District of New York approved a $5.4 million settlement for overtime claims raised by a collective of 169 Sergeants and Lieutenants.  See Feliciano, et al. v. Metro. Transp. Auth., et al., No. 1:18-cv-00026 (VSB) (S.D.N.Y. May 6, 2020) (the “Order”). 

In this Collective Action, Plaintiffs alleged that they were not paid all of their wages in accordance with the Fair Labor Standards Act (“FLSA”).  More specifically, Plaintiffs claimed that because of Defendants’ time keeping policies, they were not paid for their time worked before and after their scheduled tours.  Plaintiffs also claimed that their overtime rates were artificially depressed because they did not factor in differentials, bonuses, and other lump sum payments that should be included in the overtime rate calculation.  Finally, Plaintiffs claimed that all of their overtime was paid two (2) pay periods after it was earned and that such payments are deemed unreasonably late under the FLSA’s prompt pay requirements.

After years of litigation and two full-day mediation sessions with Martin F. Scheinman, the parties agreed to resolve this Collective Action for $5.4 million.  Judge Broderick conducted an independent review of the parties’ Settlement Agreement and found that the Settlement is fair, reasonable, and adequate and that it “constitutes a sizable portion of the possible recovery in this case.”  Order at p. 3.  Faruqi & Faruqi Partner Innessa M. Huot served as Co-Lead Counsel in the matter.

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Faruqi & Faruqi, LLP focuses on complex civil litigation, including securities, antitrust, wage and hour, personal injury and consumer class actions as well as shareholder derivative and merger and transactional litigation. The firm is headquartered in New York, and maintains offices in California, Delaware, Georgia and Pennsylvania.

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About Innessa M. Huot

Innessa Melamed Huot is a Partner in the firm's New York office and Chair of the firm's Employment Practice Group.

Tags: faruqi & faruqi, faruqilaw, faruqi, FLSA, overtime, employment law, wage and hour, emplaw, Fair Labor Standards Act, Innessa M. Huot, MTA, Metropolitan Transportation Authority, transit police, sergeant, lieutenant, TBTA, Triborough Bridge and Tunnel Authority Innessa M. Huot Innessa M. Huot
Partner at Faruqi & Faruqi, LLP

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