2nd Circ. Backs Injunction In NYPD Sergeants' OT Suit

Law360, New York (November 17, 2010, 1:52 PM EST) -- A federal appeals court has upheld a preliminary injunction barring the New York City Police Department from investigating or disciplining officers based on their participation in a Fair Labor Standards Act class action.

In an opinion issued Tuesday, the U.S. Court of Appeals for the Second Circuit found that a lower court did not abuse its discretion in granting the injunction based in part on hearsay testimony from officers who feared retaliation after the department's Internal Affairs Bureau began investigating depositions in the case.

The three-judge...
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