Maintainers & Custodians lawsuit against MTA & TBTA

Faruqi & Faruqi, LLP filed a Collective Action Lawsuit against the Metropolitan Transportation Authority and the Triborough Bridge & Tunnel Authority (“Defendants”) on behalf of all Maintainers and Custodians for underpayment and late payment of overtime wages going back to March 23, 2018.  The lawsuit seeks money damages arising from five claims:

Defendants’ unlawful policy forbidding Maintainers and Custodians from clocking in more than 7-minutes before the start of their tours. Defendants’ Kronos timekeeping system automatically cutting all logged work time prior to the scheduled tour start times. Defendants’ failure to include differentials, hazard pay, and other additional compensation in the overtime rate. Defendants’ unlawful policy of paying all overtime two (2) pay periods late. Defendants’ consistent policy of underpaying four (4) hours of overtime to Maintainers working 12-hour tours.

On January 4, 2022, the Federal Court certified this lawsuit as a Collective Action and ordered that Notices of the lawsuit be sent to all Maintainers and Custodians to allow them an opportunity to join the case.  Since then, 234 Maintainers and Custodians joined this lawsuit to assert their claims for damages against Defendants.

The lawsuit is captioned: Conte, et al. v. Metropolitan Transportation Authority, et al., Case No.: 1:21-cv-02516-VEC and is currently pending before the Honorable Valerie E. Caproni in the Southern District of New York. 

Please contact Innessa M. Huot if you have any questions about the case or want additional information about your rights.  Our discussion will be kept strictly confidential as provided by law. 

Please call our offices at (212) 983-9330.

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