Image Source: Jörg Schubert
Four Department of Homeless Services officers who worked in shelter’s throughout the city say they were not adequately compensated for work over 40 hours.
They say they regularly had to work more than 40 hours each week, but were not given the required time-and-a-half pay mandated by labor laws.
The four officers duties included guarding DHS personnel and property, patrolling facilities and investigating suspicious living conditions and circumstances, according to the complaint.
They say in their suit that to make matters worse, the overtime pay they did earn was often delayed for two or more pay periods.
“The delay in payment is caused either because the defendant’s managerial staff has simply failed to transmit information to payroll that defendant has deemed required to pay overtime to plaintiffs, or because defendant simply does not want to incur the cost of paying overtime for budgetary reasons in that particular financial quarter (e.g., when employees’ pay exceeds a predetermined cap), or for other reasons that are unrelated to defendant’s ability to determine the amount of overtime compensation that is owed to the plaintiffs. This delay occurs on a systematic, Agency-wide basis,” the complaint states.
They say that they are unable to determine the exact amount of wages they earned, but were never payed, as the city refuses to cooperate with their requests for their hour records, according to the complaint.
The four employees include records of their timesheets and paystubs as evidence in the lawsuit, filed Monday in the Southern District of New York. They sue on three counts of Fair Labor Standards Act violations, and are represented by Sarah M. Block of the firm Woodley McGillivary, which is based in Washington D.C. No judge has yet to be assigned to the case.
The city did not return an email requesting comment.