City of Cortland
This case is brought by a Police Officer who is working for the City of Cortland. The Plaintiff alleges that the City of Cortland failed and continues to fail to pay officers the overtime wage required by the federal Fair Labor Standards Act (“FLSA”). In particular, the Plaintiff alleges that the City failed to include payments such as officer-in-charge compensation, shift differentials, longevity pay, and deadly force qualifications allowance in the calculation of the overtime rate. Despite more than a year of complaints, the City continues to violate the FLSA. Click here to read the complaint. This case was brought in the U.S. District Court for the Northern District of New York and assigned to the Honorable Thomas J. McAvoy.
FREQUENTLY ASKED QUESTIONS
Answers to Common Questions:
Which employees can be part of this lawsuit?
If you worked or currently work for the City of Cortland as a Police Officer or other title for which the City did not include payments such as officer-in-charge compensation, shift differentials, longevity pay, and deadly force qualifications allowance in the calculation of the overtime rate within the past 3 years, you can join this action to recover back wages and liquidated damages.
What damages are sought?
Damages sought under the FLSA include back overtime pay, an equal amount of liquidated damages, attorneys’ fees, and any costs of litigating the case.
How far back can claims be made?
Under the FLSA, you are entitled to make claims for the period extending back two years (three years if the employer acted willfully) from the date your Consent to Sue Form is filed in Court. This two (or three) year period is called the “statute of limitation.”
How do I join the case?
To bring claims for back wages and an equal amount of liquidated damages, you must affirmatively join the case by filing a Consent to Sue. To join, you need to print the Consent to Sue form, complete the information, sign and date it and then fax, scan and email or mail it to our office.
Do I have to pay to join the case?
No. The attorneys are handling this case on a contingent basis and will be paid only when we win through a settlement or final judgment. Under the FLSA, when plaintiffs win an overtime case, defendants must pay the plaintiffs’ costs and attorneys’ fees.
Can I wait to file my Consent to Sue form?
You are not part of the case until your Consent to Sue Form is returned to the plaintiffs’ attorneys and then filed with the Court. If you delay in filing the Consent to Sue, part or all of your claims may be barred by the “statute of limitation.” Once a Notice is authorized by the Court, you must generally return the Consent to Sue form within the terms of the notice or the Court may not allow you to join this case.
Can the City of Cortland fire me or take action against me for joining the case?
It is illegal for a company to retaliate against an employee for joining an overtime lawsuit. If any employee suffered retaliation, the defendant would be liable for at least double the injury caused to the employee, and possibly additional damages. Notify us immediately if you think any retaliation has occurred. Retaliation is rare in overtime cases, because an employer can suffer such serious penalties.