New York City employee fined $10,000 after being found guilty of working at a second job during his "City Work Hours" and receiving compensation from the City that he did not earn

The Conflicts of Interest Board adopted New York City Office of Administrative Trials and Hearings Administrative Law Judge Julia H. Lee’s recommendation to impose a $10,000 fine for a New York City Housing Administration [NYCHA] building maintenance supervisor [Employee] who worked a second job during city work hours.

Employee worked at NYCHA’s Long Island City office in Queens from 8 a.m. to 4 p.m. or alternatively 8:30 a.m. to 4:30 a.m., but had a second job at Mount Sinai Hospital in Manhattan from 4 p.m. to 12 a.m.

Employee claimed he maintained the two jobs with overlapping work hours by taking his lunch hour at his city job at the end of the workday and using this time to commute to his second job. However, a comparison of his NYCHA city timesheet and Mount Sinai access card swipe history showed overlapping periods of time during which Employee was working at Mount Sinai during his NYCHA’s work hours.

Judge Lee rejected Employee’s argument that he had a flexible schedule at his city job, which permitted him to start and end his NYCHA work early and take his lunch hour at the end of the day. The Administrative Law Judge found that Employee used his managerial flextime erroneously and liberally without supervisory approval on a regular basis. The ALJ determined Employee spent 109 hours working at Mount Sinai during his NYCHA city work hours, thus receiving $6,014.93 from NYCHA that he did not earn. 

Click HERE to access Judge Julia H. Lee’s decision and recommendation posted on the Internet