| MTA In Suit By Bridge
Maintainers Declines To Give Paid
Day for Deposition So Alternate
Eyed
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SDNY COURTHOUSE,
Oct 24 – Sabato Conte and
other Bridge and Tunnel
Maintainers and Custodians
sued the MTA under the Fair
Labor Standards Act to recover
unpaid overtime and liquidated
damages.
On October
24, 2022, U.S. District Court
for the Southern District of
New York Judge Valerie E.
Caproni held a telephone
status conference. Inner City
Press called in and covered
it.
The
conference concerned discovery
in this case, for example
whether opt-in plaintiff
Robert Macauley could be given
a paid day off to be
deposed. The MTA's
lawyer declined, citing
unions.
Judge Caproni
ruled that plaintiffs' counsel
must provide written
confirmation to the court by
October 26 that McCauley has
no remaining paid time off
that could be used for him to
participate in a deposition in
the case.
If not, the MTA
should consider him
unavailable and ID another
alternative opt-in plaintiff
to depose.
The case is Conte
et al v. Metropolitan
Transportation Authority et
al., 21-cv-2516 (Caproni)
***
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