Public Employee Press

City pays out $1.86 million for OT violations

On April 14, the union distributed $800,000 in checks to Clerical-Administrative Employees Local 1549 members from the Police Dept. who were cheated out of overtime and night shift differential pay.

The distribution was the second installmentof a $1.86 million award.

The Local 1549 members received the payment to cover damages under the Federal Labor Standards Act. In November, the clerical workers took home another $800,000 payment in back pay.

Earlier this year, many Local 983 memberswho work at the Police Dept. received a total of nearly $130,000 in the lawsuit.

The 983 workers, represented by the local's counsel Stuart Lichten, also received their first installment in November.

All told, 944 Local 1549 members and 222 Local 983 members at the Police Dept. benefited from the $1.86 million award won through a class-action law suit filed by the union about three years ago.

"I really enjoy this check," said Chrystle Bullock, a Police Communications Technician, who received $3,000, which she said she will use to pay bills and purchase a new couch.

"It's a blessing," Bullock said. "We work hard and are underpaid. This extra money will really help."

Payments to the Local 1549 members for the FLSA violations ranged from a few dollars to several thousand dollars. The Police Dept. calculated how much workers were
underpaid. The union audited a sample of the payments to ensure that the department's calculations were correct.

The underpayment came to light a few years ago when the Police Department began using the CityTime automated payroll system.

Under the FLSA, the workers are entitled to time-and-a-half overtime. The error occurred because the department used the base pay of workers to calculate the overtime without adding the nighttime differential.

The differential is worth 10 percent of the workers' regular pay.

"It was a straight-forward case," said Associate General Counsel Steven Sykes, who handled the case. "The city had no defense, and they said they would settle. Because it involved so many people, it took a long time to process."

"Justice is served," said Local 1549 President Eddie Rodriguez, who along with Sykes accompanied the DC 37 staffers who distributed the checks at union headquarters.

"Members work very hard for their paychecks at the Police Department, so we were determined to make sure they were compensated properly," said Alma Roper, the local's executive vice president. Police Communications Technician Richard Schoen received a check for $5,000. He said he plans to invest the money.

"We work hard to make a living, so we want every dime we have earned," Schoen said. "It's important that the union advocate
and stand up for its members. Resolving confl icts is what it's all about."

"It's not just about the money," said Police Communications Technician Gerrard Lamonte-Stewart. It's about respect. We try our best so we should get what we deserve." Lamonte-Stewart received $246, which he plans to use to purchase a PlayStation 4 console for his 10-year-old son, Donovan.

Local 983 President Joe Puleo said the payments to his members ranged from a few dollars to $9,000. DC 37 is seeking compensation for additional members who were
not included in the $1.86 million settlement through pending arbitration.

— Gregory N. Heires