Piney v. City of New York

Background

Albert Piney and 18 other plaintiffs brought a proposed collective and class action under the Fair Labor Standards Act (FLSA), a federal wage law, and New York State and New York City law. The defendants include the City of New York, the New York City Police Department, numerous corporate entities, and several unidentified defendants. The plaintiffs alleged wage-and-hour claims connected to private-duty details, referred to in the opinion as PDP details.

The plaintiffs and Primark US Corp. reached a settlement substantially similar to settlements previously approved with other defendants. They asked the court to preliminarily approve the Primark agreement, certify a settlement class and an FLSA collective, appoint Faruqi & Faruqi, LLP as class counsel, approve the notice and claim form, and set a schedule for final approval.

Settlement Terms

The proposed settlement class includes current and former NYPD officers, detectives, sergeants, lieutenants, captains, and inspectors who performed PDP details at Primark locations in New York State from January 23, 2019, through April 17, 2025. The proposed FLSA collective covers the same categories of workers who performed services through the PDP at Primark locations from January 23, 2022, through April 17, 2025.

Primark agreed to pay a gross settlement fund of $136,250. Attorneys’ fees and costs, service payments, and administration expenses will be deducted from that fund. The remaining amount will be distributed based on each participating class member’s share of the total alleged wages owed, using compensation and payroll data. The plaintiffs represented that class members would recover approximately 65% of their potential wage damages.

Class members who do not timely opt out will release specified state and local wage claims. Those who submit valid claim forms and do not opt out will also release specified federal wage claims. Three named plaintiffs are to receive service payments: Alexis Yanez is to receive $2,500, while Devon Dawkins, Dominique Eveillard, and Michael Kmiotek are each to receive $1,500. The agreement also provides a broader release for those service-payment recipients concerning claims related to their PDP work at Primark locations.

Court’s Analysis

The court applied the standards for approving settlements under Federal Rule of Civil Procedure 23, which governs class actions, and the FLSA standards for approving wage settlements. For the Rule 23 class, the court found that the proposed class met requirements concerning numerosity, common questions, typical claims, adequate representation, predominance of common issues, superiority of a class action, and ascertainability. The court noted that the proposed settlement class was estimated to contain 244 members and that the members could be identified using Primark’s records.

The court found that the agreement resulted from arm’s-length negotiations by experienced counsel, provided adequate relief in light of litigation risks, distributed payments using a reasonable formula, and treated class members equitably. The court also found that the proposed settlement was fair and reasonable under the FLSA’s settlement-review standard. The court said there was no evidence suggesting collusion and noted that at least 63 officers had already joined the action and expressed support for the agreement.

The court reserved judgment on the final amount of attorneys’ fees and costs because the plaintiffs had not yet submitted a formal fee application. It nevertheless concluded that the agreement’s provision allowing counsel to seek up to one-third of the gross settlement fund did not prevent preliminary approval.

Ruling and Case Schedule

The court granted the motion. For settlement purposes only, it conditionally certified the Primark Settlement Class under Rule 23 and finally certified the Primark FLSA collective. It appointed Michael Kmiotek, Alexis Yanez, Devon Dawkins, and Dominique Eveillard as the Primark class representatives and appointed Faruqi & Faruqi, LLP as class counsel.

The court preliminarily approved the Primark agreement, substantially approved the notice and claim form, and appointed Analytics LLC as settlement administrator. Primark was directed to provide contact information for class members within 14 days, and the administrator was directed to mail the notice within 30 days. Class members will have the deadlines stated in the updated notice to submit claims, opt out, or object.

Judge Sarah L. Cave scheduled the fairness hearing for April 21, 2026, at 10:00 a.m. in Courtroom 18A at 500 Pearl Street, New York, New York. The opinion granted preliminary approval; it did not grant final approval or enter final judgment on the settlement.