Giallanzo v. City of New York, No. 1:2020cv08509 - Document 61 (S.D.N.Y. 2022)

Court Description: OPINION & ORDER re: 30 FIRST MOTION for Partial Summary Judgment filed by City of New York. For the reasons set out in the foregoing, the Court (1) denies the City's partial motion for summary judgment in its entirety; (2) g rants in part Giallanzo's motion for summary judgment, but limited to the 59 hours and 30 minutes of unused compensatory time listed in his final pay records as "CT (FLSA)," which undisputedly represent uncompensated overtime hours ac crued during Giallanzo's tenure as an HR and SHR; and (3) otherwise denies Giallanzo's motion for summary judgment. This case will now proceed to trial on all outstanding issues. These include (1) whether Giallanzo was covered by the FLS A, or exempt under the executive exemption, during his tenure (2005-2020) as an AS; (2) the extent to which (beyond the 59 hours and 30 minutes) he was not paid for overtime work accrued as an HR or SHR and, if covered by FLSA, as an AS; (3) the rate or rates at which Giallanzo was entitled to be paid, at his retirement, for unpaid overtime hours; and (4) whether the City is obliged to pay liquidated damages for the FLSA violation the Court has found or others that may have established at tria l. The Court directs the parties promptly to confer, and, within three weeks of this decision, to submit a joint pretrial order consistent with the Court's Individual Rules governing jury trials. Any motions in limine are due on the same date as the joint pretrial order; opposition briefs are due one week later. The Clerk of Court is respectfully directed to terminate the motion pending at docket 30. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/22/2022) (vfr)