Two Former New York City Firefighters Sue City for Alleged Unpaid Overtime
On January 25th, 2025, the New York Post reported that two former New York City firefighters have filed a lawsuit for unpaid overtime. They filed a proposed class action wage and hour lawsuit against the New York City Fire Department (FDNY) for allegedly being required to work overtime hours despite only being paid for 40 hours in a given pay period. Here, our New York City unpaid overtime lawyer provides a more comprehensive overview of the allegations raised by the former employees.
Allegations: Firefighters Forced to Work Overtime Without Proper Pay
As reported by the New York Post, two former FDNY firefighters—William H. Payne and Brandon Keeney—have initiated a class action wage and hour lawsuit against New York City alleging that they were compelled to work up to 30 extra unpaid hours weekly during their training at the academy. Among other things, they allege overtime violations. Further, the firefighters state that these hours included early arrivals and extended shifts, for which they were not compensated beyond their regular 40-hour workweek. The lawsuit details that the unpaid tasks were not only excessive but also humiliating—such as performing push-ups on stage and cleaning duties under a strict no-phone policy to keep the alleged unlawful practices out of the public eye. For its part, New York City has declined to comment on the matter citing litigation.
An Overview of Overtime Regulations in New York
Non-exempt (hourly) workers are entitled overtime pay (time-and-a-half) when they work more than 40 hours in a given workweek. The Fair Labor Standards Act (FLSA) is the federal wage and hour law that governs overtime pay. As a starting point, employers and employees should know that New York follows the FLSA for overtime pay. However, New York State also has its own state-specific wage and hour laws. There are certain circumstances in which New York law provides additional wage and hour protections to workers beyond the federal requirements. Here are some of the most notable examples:
- Higher Salary Thresholds for Exemptions: New York has set higher salary thresholds for administrative, executive, and professional employees to qualify as exempt from overtime.
- Coverage of Additional Workers: Unlike the FLSA, New York State law sometimes extends overtime protections to worker categories that are exempt under federal law.
- Stricter Record-Keeping Regulations: New York requires employers to keep detailed payroll records and provide weekly wage statements to employees.
- Longer Statute of Limitations for Claims: New York allows employees to sue for wage theft going back up to six years. That is compared to the two or three years under the FLSA.
Get Help From Our New York City Unpaid Overtime Attorney Today
At Poulos LoPiccolo PC, our New York City wage and hour lawyers have the skills and experience to handle all types of cases, including overtime violations. If you were denied proper overtime pay, we are here to help. Contact us today for a confidential consultation. We handle wage and hour claims throughout New York City, including Manhattan, Queens, Brooklyn, Staten Island, and the Bronx.
Source:
nypost.com/2025/01/25/us-news/ex-fdny-firefighters-suing-nyc-claim-they-were-forced-to-work-unpaid-ot-they-just-abuse-you/
