Woodley & McGillivary is a top-rated law firm devoted to protecting and enforcing the rights and interests of labor organizations and employees in both the public and private sectors. Established over 50 years ago in the nation's capital, Woodley & McGillivary's practice is national in scope.

 

The firm provides its clients with a wide-range of legal services covering most aspects of labor and employment law. Its experienced litigators handle complex cases (including class action cases) in federal and state courts and before administrative agencies.

On August 5, 2011, the U.S. Court of Appeals for the Second Circuit ruled that sergeants employed by the New York Police Department are entitled to the overtime wage protections under the Fair Labor Standards Act ("FLSA"). In response to the sergeants' lawsuit against the City, which seeks to recover unpaid overtime wages, the City claimed that the sergeants were exempt from the FLSA because they were "executives," whose primary duty was the management of other police officers. The Second Circuit rejected the City's argument and concluded that the sergeants were front-line law enforcement officers whose supervision of junior officers did not transform them into exempt "executives." The case will be remanded back to the district court for a determination as to the amount of backpay and other damages owed to the sergeants. This decision affects the 4,311 Sergeants who signed and submitted a Consent/Retainer agreement. If you have been employed as a sergeant and believe you have been misclassified as FLSA exempt, please contact us.