A statewide collective action has been filed in New York against the City of Newburgh. The action is brought on behalf of all current and former employees of the Newburgh Police Department who were not paid overtime compensation since December 31, 2000. The action is brought under the federal Fair Labor Standards Act and seeks back pay, statutory damages and liquidated damages as well as injunctive and declaratory relief. As a collective action, all potential claimants must "opt-in" to the case in order to be considered part of the class. The employees have requested that the court issue notice to all potential claimants.

According to the officers, the City of Newburgh has systematically and willfully denied them any form of overtime compensation. The officers claim that
they often work well in excess of 40 hours per week, performing such tasks as maintaining police uniforms, equipment and police dogs as well as attending pre and post-shift briefings that are not on the clock. The officers contend that these extra activities require them to work overtime, overtime for which they are not compensated by Newburgh. Under the Fair Labor Standards Act, all hours worked by "non-exempt" hourly employees that exceed 40 per week require payment in the rate of time and a half, at a minimum. Additionally, where an employer has willfully withheld overtime compensation, the act provides for liquidated damages. The officers assert that the Newburgh's failure to pay overtime compensation was both willful and systematic, entitling the officers to liquidated damages as well as statutory and compensatory damages.