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Suit against Henrietta settled for $7,500.

Byline: Bennett Loudon

A lawsuit filed against the town of Henrietta by two former employees has been settled for $7,500.

The plaintiffs, Scott E. Sullivan and Stephen R. MacIntyre, worked as inspectors for the town's engineering department until Jan. 23, 2015.

They claimed they were misclassified as independent contract workers and not paid overtime wages that they were owed.

The plaintiffs filed the pro se complaint on Sept. 15, 2017. U.S. Magistrate Judge Jonathan W. Feldman approved the settlement in a nine-page decision and order filed Monday.

The original complaint also included former Supervisor Jack W. Moore as a defendant. Claims against Moore, who lost a re-election bid in November 2017, were dismissed by U.S. District Court Judge Elizabeth A. Wolford in September.

In November, attorneys representing the town offered the plaintiffs $7,500 to settle the case and it was accepted orally. In December the settlement was formalized in a written agreement and a joint motion to approve the settlement was filed in January.

The settlement required the approval of a District Court or the U.S. Department of Labor because the case involved a claim that the Fair Labor Standards Act (FLSA) had been violated.

Feldman found that the $7,500 paid to the defendants "reflects the entire amount of damages plaintiffs sought, minus the claimed amount for fringe benefits and attorneys' fees."

MacIntyre's total award is $6,454. Sullivan will get $1,046.

Under FLSA, an employer who fails to pay the appropriate overtime wage is liable for the unpaid wages, plus an equal amount as liquidated damages.

MacIntyre claimed he was owed $807.75 for 76 hours of overtime. Liquidated damages brought the total to $1,615.50. MacIntyre also sought $318 in expenses and $3,605 for pre-complaint legal counsel.

Under the settlement, MacIntyre will also receive $915.50 "as an incentive for bringing the case and to compensate him for legal advice he sought."

Sullivan will get unpaid overtime of $523 for 48 hours, plus $523 in liquidated damages for a total of $1,046.

"I am satisfied that, based on my discussion with plaintiffs on the record and the fact that they will receive what they sought in their complaint, these factors militate in favor of approving the agreement," Feldman wrote.

The town was represented by the Buffalo law firm of Webster Szanyi LLP. (585) 232-2035

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Publication:Daily Record (Rochester, NY)
Date:Feb 28, 2019
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