Plaintiffs are current or former correctional officers in the City prison system.
Under the FLSA, employers may employ an employee for no longer than forty hours per week unless such employee receives overtime compensation for the additional time at a rate of at least one and one-half times the employee's regular rate of pay. There is an exception to this general rule, however, for employees who are employed under a bona fide collective bargaining agreement. It is uncontroverted that there is no express provision regarding compensation for uniform change time in the collective bargaining agreement governing the parties' employment relationship. From the competent evidence of record, as uncontroverted or otherwise viewed in the light most favorable to plaintiffs, the pertinent facts are as follow. Defendants require correctional officers to wear official uniforms while performing their jobs.