Unprecedented: COVID-19 Litigation Insights, Volume 2, Issue 13

Spilman Thomas & Battle, PLLC

Welcome back from a brief vacation-related hiatus to the 13th issue of the 2021 edition of Unprecedented. Americans are dining out and traveling in increasing numbers, including to destinations that have been off limits for much of the past 18 months, and COVID-19 increasingly appears to be over in large parts of the country. But the virus itself seems determined not to go out without a fight, with the more-contagious Delta variant even prompting some to call for a return to face covering requirements. Whether the outward vestiges of the COVID-19 pandemic ever fully disappear, however, the associated litigation over everything from employment disputes to price gouging complaints continues to work its way through the courts. Join us this week as we discuss these issues and more.

NYC DA Employees Weren't Paid OT While Working from Home -

"Case discovery analysts in New York City's district attorneys' office were forced to put in long hours while working from home during the COVID-19 pandemic, but were unlawfully deprived of overtime pay, according to a proposed collective action."

Why this is important: A proposed collective action has arisen in New York City that, if successful, could mean the city's decision to adjust certain workers' schedules was a costly one. According to the complaint, case discovery analysts for district attorneys' offices in several boroughs claim they were forced to work extra hours during the pandemic without the benefit of overtime pay. The crux of the matter appears to be the city's decision to transition these workers from fixed eight-hour shifts to variable shifts revolving around how many cases were being completed. The plaintiffs claim this shift scheduling change forced them to go from working 40 hour weeks to up to 73 hour weeks with no increase in overtime compensation. If the allegations are true, this scheduling decision may end up hurting the city more than it benefited.

Please see full Newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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