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FLSA Case Update / Foster – Settlement Update

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FOSTER OVERTIME LAWSUIT UPDATE – FIRST PAYMENTS ARE IN THE MAIL!!!

We wanted to provide you with an update on the settlement payments. After 7 ½ + years of litigation, the case now seems to be on a fast track and the City has issued the check to the law firms for the liquidated damages and fees even though the payment due date is not until March 28, 2022.  The liquidated damages checks are being mailed directly from the law firms, so any member who is a plaintiff in the case should receive their portion of the liquidated damages payments by February 28– again, these checks do not represent the total amount of settlement money due each plaintiff only the liquidated damages.

 

For any current employee with direct deposit, the City will deposit the backpay portion of the settlement monies (less taxes) into the employee’s account and those payments will be made by March 28 (possibly sooner).  Plaintiffs will need to monitor their bank accounts and pay statements to ensure that the money is paid to them. For any separated employees, they will receive a paper back pay check in a separate mailing once their liquidated damages check has cleared to ensure that both checks reach the intended recipient.

 

Plaintiffs should NOT contact ACS or ACS legal if they have any questions about the settlement. Those offices cannot answer any questions about the lawsuit. Anyone with questions about receipt of payment should contact the law firms directly but Members are advised to wait until April 4th to allow sufficient time for all payments to be processed.

 

Contact Information:

Spivak Lipton

Nicole Landig

nlandig@spivaklipton.com

212.765.2100 ex. 260

 

McGillivary Steele Elkin

Sandy Patel

info@mselaborlaw.com

866.833.8860

STAY INFORMED

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