Nearly 20 Department of Homeless Services drivers for New York City are entitled to summary judgment on their claims that city didn’t properly calculate their rate of overtime compensation when it failed to include night shift differentials and meal allowance payments in the base rate of pay, and only compensated the drivers at a straight rate when they elected to receive compensatory time instead of cash. The drivers’ expert stated that he found that the rate of overtime was miscalculated in the relevant payroll data and the city’s answer that the drivers received night-shift differentials and compensatory time isn’t responsive ...
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