In Perry, et al, v The City of New York, et al, Docket No. 21-2095, decided August 25, 2023, the United States Court of Appeals for the Second Circuit, said:
"In this collective action, a group of 2,519 EMTs and paramedics allege that their employer, the City of New York, willfully violated the Fair Labor Standards Act by requiring them to perform work before and after their shifts without paying them for that work unless the plaintiffs specifically requested overtime compensation from the City.
"A jury agreed following a twelve-day trial, and the U.S. District Court for the Southern District of New York (Broderick, J.) entered a $17.78 million judgment against the City.
"The City now appeals, raising four arguments:
"(1) the jury’s liability verdict cannot stand because plaintiffs failed to request overtime pay for the work at issue;
"(2) the jury’s willfulness finding was not supported by the evidence;
"(3) due to an erroneous instruction, the jury failed to make a necessary factual finding regarding the calculation of damages; and
"(4) the district court incorrectly forbade the jury from considering whether one component of the plaintiffs’ post-shift work was de minimis and therefore non-compensable.
'The City accordingly asks that we reverse the jury’s
verdict or remand for a new trial on damages."
The Second Circuit declined to do so and instead affirmed the district court's decision "in toto."
Click HERE to access the text of the Second Circuit's decision posted on the Internet.