CPS/CPSS I/CPSS II OVERTIME (FLSA) LAWSUIT Update
BREAKING NEWS:
SSEU Local 371 is very pleased to announce that on February 10, 2025, a Federal Court Judge approved the Settlement in the overtime lawsuit on behalf of 2,248 CPS, CPSS I and CPSS II employed by the Administration for Children’s Services. The case, Benjamin, et al v. City of New York, was filed on June 27, 2023, and sought to recover overtime pay under the Fair Labor Standards Act (FLSA).
The Total Settlement amount is $13,739,998 million! As per the Settlement Agreement, the City must issue the settlement payments by no later than May 12, 2025. Current employees will receive the back pay portion of their settlement amounts via direct deposit. By June 2025, all plaintiffs will receive a paper check from the law firms for the liquidated damages portion of the settlement and former employees will also receive their back pay settlement payments by paper check.
We applaud the Settlement Team (Albert-Ann Benjamin, Teresa Castelli and Yoshica Smalls), who worked closely with Plaintiffs’ Counsel (Spivak Lipton LLP and McGillivary Steele Elkin LLP) to reach this excellent outcome for our members.
The Benjamin case involves the same claims that were successfully litigated in prior cases on behalf of CPSS & CPSS Workers after 8 1/2 years of hard-fought litigation, Foster, et al v. City of New York, which settled in December 2021, and Williams, et al v. City of New York, which settled in November 2022.
- Uncompensated Pre-Shift, Post-Shift and Meal Period Work in excess of 40 hours per week;
- Regular Rate and Straight Time Overtime Claims for City’s failure to pay one and half-times the regular rate of pay (including differentials) for all hours worked over 40 in a workweek;
- Delayed Payment Claim due to the City’s failure to timely make overtime payments.
PLEASE NOTE THAT YOU ARE ONLY A PLAINTIFF IN THIS CASE IF YOU SIGNED A CONSENT FORM AND RECEIVED A LETTER FROM THE LAW FIRMS, CONFIRMING THAT YOU ARE A PLAINTIFF.
Contact Information for Law Firms:
Spivak Lipton LLP: 212.765.2100 ext. 26 or via email at nlandig@spivaklipton.com
McGillivary Steele Elkin: 202.833.8855 or via email at info@mselaborlaw.com
