NEW YORK, June 15 (Reuters) - A group of desktop support
technicians are accusing Manhattan law firm Schulte Roth &
Zabel of violating federal labor law by substituting extra time
off for overtime pay.
Keith McKenzie, who worked for nine years as a
desktop-support technician in Schulte Roth's midtown offices,
filed a proposed collective class-action complaint against his
former employer on Monday in federal court in Manhattan.
The lawsuit was filed on behalf of the seven individuals
estimated to have worked as desktop-support technicians for
Schulte Roth over the last three years. Desktop-support
technicians are responsible for installing and troubleshooting
According to the complaint, Schulte Roth instituted a
policy that gave technicians extra time off to compensate for
every hour they worked beyond the standard 40-hour work week,
instead of offering them overtime pay.
McKenzie contends that the policy violates the Fair Labor
Standards Act, which stipulates that non-exempt employees must
receive no less than one-and-a-half times their regular pay
rate for each overtime hour they work.
The lawsuit seeks certification for the desktop-support
technician class, as well as all unpaid overtime wages,
including interest and penalties, and an order preventing
Schulte Roth from violating the FLSA in the future.
Schulte Roth executive director Gary Fiebert called
McKenzie's claims "without merit." He said the firm would
respond to the allegations in court.
Schulte Roth, which has offices in New York, Washington,
and London, specializes in legal matters involving the
financial-services sector, including investment management,
corporate and transactional matters. It represents clients in
regulatory, compliance and enforcement actions.
The case is Keith McKenzie et al v. Schulte Roth & Zabel
LLP, in the U.S. District Court for the Southern District of
New York, no. 11-3991.
For McKenzie: Robert Ottinger and Christopher Davis of The
For Schulte Roth: Not immediately available.
(Reporting by Jessica Dye)