In Lawtone-Bowles v. City of New York, the Southern District of New York granted in part, and denied in part, a Rule 12(b) motion to dismiss overtime claims advanced under the FLSA and New York Labor Law (“NYLL”). See No. 16-CV-4240 (AJN) (Sept. 22, 2017).

The plaintiffs worked for the Department of Homeless Services as Motor Vehicle Operators responsible for transporting homeless persons to temporary housing placements, train stations, and airports. The plaintiffs were generally scheduled for give shifts of eight hours and thirty minutes each week, with thirty minutes automatically deducted for uncompensated meal periods each day. They contended that they were not paid appropriate overtime because they often worked through their meal periods and the City failed to include their “night shift differential pay” when calculating the amount of overtime they were due.
Continue Reading Court Largely Denies Motion to Dismiss Overtime Claims Under FLSA and NYLL