FOR IMMEDIATE RELEASE
LOCAL 1457 WINS $3 MILLION SETTLEMENT
IN SUIT AGAINST NEW YORK CITY FOR FEDERAL LABOR LAW VIOLATIONS
Settlement Deemed a Victory for New York City’s Working Class
NEW YORK, NY, February 5, 2007 – In what lead plaintiff and Local 1457 President Alex Parker calls, “a win for the little guy,” the City of New York and the New York Department of Juvenile Justice have agreed to a partial settlement agreement to satisfy the plaintiffs’ Pre-Shift, Float Day and Late Payment claims. The suit, which was filed on behalf of 327 plaintiffs who are members of Local 1457, was settled in the amount of $3 million.
In the lawsuit, the plaintiffs argued that the City of New York and the New York Department of Juvenile Justice violated the Fair Labor Standards Act (FLSA), including Pre-Shift/Post-Shift; Float Day; Late Payment of Overtime; Flawed Compensatory Time System; Gap Time Violation; and Pay System Violation. Enacted in 1938 and revised in 2004, the FLSA provides for minimum standards for both wages and overtime entitlement, and spells out administrative procedures by which covered work-time must be compensated. The lawsuit was launched after complaints about the system were repeatedly ignored.
Parker commented, “When we first voiced the concerns of our members regarding the unfair payroll practices, we were labeled alarmists. But we knew that there was something inherently wrong with the system. Our members are hard-working, dedicated people who are truly public servants. They have earned the right to be justly compensated for their work.”
After a thorough investigation and discovery, the parties agreed to private mediation and agreed to a settlement in the spirit of good government and fair practices.
Thomas D. Gearon, general counsel, Local 1457, noted, “President Parker knew that the City was being patently inequitable with his members. We were able to use federal law to ensure the City’s proper economic compliance in achieving FDR’s goal of 1938 of a fair day’s wage for a fair day’s work.”
The agreement does not address the plaintiffs’ claims of Flawed Compensatory Time System, Gap Time or Pay System which will be addressed through continuing litigation in Federal Court. However, Parker sees this as a major step in the right direction and a show of good faith that the City of New York and the New York City Department of Juvenile Justice is responsive to its employees.
“This triumph was achieved through the unwavering determination of our members to be treated fairly under the law. Our small voice resounded loudly in the halls of justice,” said Parker.
About Local 1457
Led by President Alex Parker, the men and women of Local 1457 represent New York City’s juvenile center employees. The organization is an affiliate member of District 37, the largest public employee union in New York City. The members of Local 1457 provide care, custody and control for troubled youth in New York City’s juvenile justice system while they await adjudication in the family court, juvenile court and Supreme Court. The organization works to improve the lives of its members both on their jobs and in their communities while performing a vital public service.
Contact: Deborah Clark
The Marcom Group for Local 1457
(954) 444-5983
Alex Parker
President
Darek Robinson
Vice President
Kim Johnson
Treasurer
Vandora Pankey-Roberts
Recording Secretary
Ronald Shields
Corresponding Secretary
Executive Board Members
Trunia Blair
Rodney Dunson
Agnes Whithurst
Trustees
Dennis Harris
Lefonzo Kendall
Sandra Simmons
DC 37 Delegates
Ceceilia Chapman
Orrin Cumberbatch
Angel Pastrana
Jazel Anderson
Central Labor Delegate
Tyler Hemingway
Council Representative