top of page

NYC Child Protective Specialists Employed By Administration For Children’s Services Settle Unpaid Overtime Claims For $18,854,835.60

  • Writer: Lesley Marker
    Lesley Marker
  • Feb 11
  • 2 min read

Updated: Sep 12

Contact: Hope Pordy, Esq.


On February 10, 2025, U.S. Magistrate Judge Henry J. Ricardo approved a $13,739,998 million Settlement in a lawsuit brought by 2,300 current and former Child Protective Specialists (CPS) and Child Protective Specialist Supervisors (CPSS) employed by the City of New York alleging unpaid overtime. The Child Protective Specialists are represented by Social Service Employees Union, Local 371, AFSCME, District Council 37.

 

Spivak Lipton LLP and McGillivary Steele Elkin LLP brought this case, Benjamin, et al., v. City of New York, 1:23-cv-05458-JMF, under the Fair Labor Standards Act (FLSA) for unpaid overtime work that CPS and CPSS perform investigating reports of child abuse and/or neglect and investigate and engaging and partnering with families and community resources to ensure the safety and well-being of children throughout New York City. The settlement represents a recovery of damages for the following violations of the FLSA:

 

  • Overtime pay received more than two weeks after you worked it 

  • Shift differentials and other pay beyond hourly and salary pay not included in the rate at which overtime is paid

  • Work before your official start time such as putting on a uniform, gathering equipment, discussing work with co-workers and supervisors or doing any other work-related tasks before the official paid workday begins

  • Work through any portion of your unpaid meal period or work after your official end time for which you have not been paid.

 

The successful outcome of this case relied on two previous cases filed by the firm on behalf of CPS and CPSS workers, Foster, et al. v. City of New York, Case No. 14-CV-4142, and Williams, et al. v. City of New York, Case No.16-CV-08671. The Foster case settled in 2021 on behalf of 1,199 plaintiffs for approximately $43 million dollars, on the cusp of trial, after we received a highly favorable decision from U.S. District Court Judge Paul Gardephe. Shortly thereafter, we settled the Williams case on behalf of 1,740 CPS and CPSS workers in the approximate amount of $26 million dollars.

 

If you have not been paid overtime for time worked, please contact us to find out if you may have a claim.



 
 
bottom of page