The New York City Sergeants Benevolent Association (SBA) announced today a major victory in a lawsuit by police sergeants against the City of New York and the NYPD for overtime pay owed to them under the Fair Labor Standards Act (FLSA).
The case against the City was filed in Federal Court in Manhattan on April 19, 2008. In December 2007, the Federal Court ruled that the sergeants' claims for benefits owed after the date of new rules issued by the Department of Labor are to be decided by a jury. The Court also granted the City summary judgment dismissing claims before that date. Because of the Court's decision, a jury trial will be held at least on the post-August 2004 claims.
On February 11, 2008, the SBA learned that one of its sergeants was to be interrogated by the Internal Affairs Bureau (IAB) about deposition testimony he gave over two years ago in this FLSA case. IAB officers suggested that the officer had perjured himself at his deposition, and insisted on questioning him about various answers he gave under oath concerning his job duties. An SBA attorney repeatedly objected that the City's interrogation was improper and retaliatory, and was an improper attempt to intimidate the sergeant into changing his testimony.
Upon learning of the City's actions, the SBA immediately notified the Judge handling the FLSA case, and asked the Court to order that the City cease and desist from any investigations of sergeants based on their participation in the FLSA case.