On September 25, 2026, the Parties reached a tentative settlement via court ordered mediation for the total amount of $28,381,705.00, which resolves all wage and hour claims for unpaid overtime in the lawsuit through May 20, 2026. The 3,684 Correction Officers who signed consent forms to bePlaintiffs in the lawsuit will be compensated for unpaid time the Department of Corrections’ dysfunction caused Correction Officers to work. Allegations in the lawsuit included: unpaid pre-shift overtime, uncompensated meal periods, and other violations that resulted in Correction Officers working uncompensated time due to DOC’s dysfunction.
All Correction Officers who signed up for the case: Please look out for a personalized letter from your attorneys, McGillivary Steele Elkin LLP (MSE), explaining the terms of the settlement, what the settlement represents with respect to the claims alleged, your share of the settlement, the amount of fees and costs that will be paid from the settlement, and the timing of settlement payments. If you agree with the settlement, you don’t need to do anything at all. But please review your letter carefully! You will only have until October 16, 2026, to dispute your point allocation or to otherwise object to your settlement amount for any reason.
In exchange for the $28,381,705.00 total settlement amount, all Correction Officer Plaintiffs will release the City from all wage and hour claims asserted in this case, and all federal, state and/or local statutory wage and hour claims that could have been asserted through May 20, 2026, which is the end of the settlement period.
The settlement is “tentative” because it must still be approved by the Court, as is required for all FLSA settlements. MSE lawyers will be filing the settlement approval papers on October 19, 2026. The City will have 90 days to make payment from the date of Court approval. COBA will continue to update you as clarity on the payment date becomes available.
COBA also extends a heartfelt thank you to the hardworking attorneys at MSE and the Correction Officers who participated on the “Settlement Team” for this lawsuit. COBA Manhattan Borough Trustee Lateesha Harris, COBA Delegates Laron McKoy and Shaquana Harmon, and Correction Officer Kourtney Martin. COBA would also like to acknowledge its appreciation for the many more COBA Executive Board Members, Delegates, and Correction Officers who were interviewed and provided helpful information about DOC’s violations, which all contributed to the unprecedented result of this case!
Benny Boscio Jr.
COBA President