Del Gaudio v. Zurmuhlen

Edgar J. Nathan, Jr., J.

This is a petition pursuant to article 78 of the Civil Practice Act. Petitioners are employed as sewage treatment workers in the Department of Public Works of the *85City of New York. In essence, they are seeking to test the legality of respondent’s practice of requiring them to work overtime in excess of eight hours per day with compensatory time off rather than overtime pay, at the risk of disciplinary action if overtime work on such conditions is refused. It is respondent’s contention that if overtime pay were given it would exceed the budgetary allotment of 302 days…