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Lynch v. City of New York

Conditional Class in FLSA Overtime Suit Decertified; Collective Resolution of Claims Might Be Appropriate

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OPINION & ORDER

*1  Plaintiffs, on behalf of themselves and others similarly situated, commenced this action on July 15, 2016, against the City of New York for alleged violations of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §201 et seq. (ECF No. 1.) Plaintiffs subsequently filed an amended complaint on October 4, 2016. (Am. Compl., ECF No. 21.) Plaintiffs allege that New York City’s Department of Homeless Services (“DHS”) engaged in a number of illegal employment practices, including, inter alia, failing to compensate plaintiffs at a rate of one and one-half times plaintiffs’ regular rate of pay for all hours plaintiffs worked in excess of forty hours in a given workweek. (Id.) On December 5, 2016, the Court conditionally certified a class under 29 U.S.C. §216(b) of “all present and former employees who work or who have worked as Principal Administrative Assistant I and Principal Administrative Assistant II

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