The Long Island Rail Road had $174 million in overtime in 2021,...

The Long Island Rail Road had $174 million in overtime in 2021, under the budgeted $202 million. Credit: Linda Rosier

Nearly 3% of LIRR union workers more than doubled their annual pay last year through overtime — a rate significantly higher than at any other Metropolitan Transportation Authority agency, according to new MTA statistics.

Of the Long Island Rail Road’s 6,688 overtime-eligible employees last year, 2.8% had overtime earnings exceeding 100% of their base pay, according to the MTA’s latest annual overtime report. That compares with 1.6% at sister railroad Metro-North, 1% at MTA Bridges and Tunnels, 0.8% at New York City Transit and a percentage of zero at MTA Headquarters.

While higher than at any other agency, the rate of LIRR employees doubling their pay fell for the third consecutive year, since hitting 7.1% in 2018. 

LIRR overtime also steadily has declined, from $219 million in 2018, to $201 million in 2019, to $188 million in 2020, to $174 million last year. The LIRR budgeted $202 million in overtime for 2021.

Overall, MTA overtime spending increased slightly year over year, from $1.13 billion in 2020 to $1.16 billion in 2021 — 3% over budget. The report attributed the rise to “the unpredictability” of the COVID-19 pandemic, which resulted in staffing shortages at some agencies that had to be filled using overtime.

“The fact we were able to hold the line during a period in which staffing shortages required the use of scheduled overtime as a strategic way to maintain the levels of subway and bus service expected by New Yorkers speaks to the effectiveness of systemic controls,” MTA chief administrative officer Lisette Camilo said in a statement. “The MTA will continue to reduce spending on manageable overtime.” 

The report noted that some MTA union contracts — including at the LIRR — give priority to workers with seniority when assigning overtime. That can result in senior employees working large amounts of overtime, with the goal of increasing their pensionable earnings before retiring.

“This can contribute to an environment where total overtime spending can drop, but the overtime earnings for a smaller number of senior and ‘high earner’ employees can increase,” the report said.

Anthony Simon, who heads the LIRR's largest union, said that because of the increased scrutiny put on higher overtime earners, some senior railroad employees called on to do overtime "have decided to say, 'Thanks, but no thanks.' "

"Union leaders consider 'high earners' to be seasoned, dedicated and experienced workers and should not have to apologize for it," said Simon, general chairman of the International Association of Sheet Metal, Air, Rail and Transportation Workers. "When you don’t hire, somebody has to work."

Overall, about 1.2% of the MTA’s 66,162 overtime-eligible employees doubled their base annual pay in 2021 through overtime. The percentage of MTA employees who earned overtime at a level less than 10% of their base salary has risen from 29.5% in 2018 to 44.9% in 2021.

The alarmingly high overtime numbers in 2018 spurred several investigations into wage abuse at the transit authority, and resulted in five MTA workers — including four from the LIRR — being indicted on fraud charges. The MTA’s top overtime earner in 2018, LIRR chief measurement officer Thomas Caputo, who made $344,147 in overtime that year, was sentenced in February to 8 months in prison.

In 2019, the MTA implemented several new measures to curb overtime abuse, and bring down overtime spending overall, including through the use of biometric timeclocks.

Peter Warren, with the nonprofit Empire Center for Public Policy, which authored the report that spurred the overtime reforms, said the reduction in overtime at the MTA shows that "to some extent, they've been scared straight."

But, Warren said the disproportionately high rate of overtime among the LIRR's most senior workers needs to be addressed.

“They’re already higher paid. And when they’re getting paid a multiple of their regular pay, that just exaggerates the impact,” Warren said. “The archaic work rules and having some of these driven by seniority instead of by management discretion is something that they really need to prioritize as part of collective bargaining.”

WHAT TO KNOW

The MTA’s latest annual overtime report tracks the progress made by the agency in cutting overtime spending since 2018.

  • MTA overtime in 2021 was $1.16 billion, a $37 million or 3% increase from $1.13 billion in 2020. For a pre-pandemic comparison, MTA overtime was $1.26 billion in 2019 and $1.38 billion in 2018.
  • LIRR overtime in 2021 was $174 million, a $14 million or 8% decrease from $188 million in 2020. For a pre-pandemic comparison, LIRR overtime was $201 million in 2019 and $219 million in 2018.
  • MTA overtime in 2021 went $32 million, or 3%, over budget. It was $60 million, or 6%, over in 2020, $202 million, or 19%, over in 2019, and $282 million, or 26%, over in 2018.
  • In the MTA as a whole, 1.2% of overtime-eligible employees earned more than 100% of their base pay in overtime in 2021. In 2020, 1.3% did. In 2019, 1.1% did. In 2018, 2.3% did.
  • In the LIRR specifically, 2.8% of overtime-eligible employees earned more than 100% of their base pay in overtime in 2021. In 2020, 5.3% did. In 2019, 5.4% did. In 2018, 7.1% did.
  • MTA “reimbursable” overtime, primarily from the Capital Program, in 2021 was $196 million, down from $218 million in 2020. For a pre-pandemic comparison, MTA “reimbursable” overtime was $284 million in 2019 and $315 million in 2018.
  • LIRR “reimbursable” overtime in 2021 was $52 million, down from $65 million in 2020. For a pre-pandemic comparison, LIRR “reimbursable” overtime was $56 million in 2019 and $68 million in 2018.

SOURCE: Metropolitan Transportation Authority

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