NYC Strike Travel Nurses Sue Staffing Firm for Alleged Wage Violations
- VCP allegedly promised Tropea up to $155/hour but paid as low as $104/hour, plus failed to reimburse per diem/travel as NYLL wages.
- Example: Tropea reported 100.75 hours (60.75 OT) for Jan. 11 week but paid for 85.25 (45.25 OT).
- Plaintiff is pursuing nationwide FLSA collective and NY class action (>40 RNs since Dec. 1, 2025) alleging willful wage/hour violations worth over $5M total.
A travel nurse who worked during the January 2026 New York City nurses’ strike has filed a federal lawsuit alleging she and other strike replacement nurses were underpaid, denied overtime, and not reimbursed for promised travel and per diem expenses.
The complaint, filed February 25, 2026 in the U.S. District Court for the Southern District of New York, names Vital Contingent Planning LLC (VCP) and its CEO, Atif Chaudhry, as defendants (Tropea v. Vital Contingent Planning LLC et al., No. 1:26-cv-01579)
Who Is Named in the Lawsuit?
The plaintiff, Jennae Tropea — identified in the complaint as a Pennsylvania resident — alleges that VCP, a New Jersey–organized staffing company with headquarters in Miami, Florida, employed her as a registered nurse during the strike.
According to the complaint:
- VCP staffs registered nurses at hospitals and other medical facilities
- The company employed RNs in New York beginning around December 1, 2025 to temporarily replace striking nurses
- Tropea worked at Mount Sinai’s main hospital in Manhattan from approximately December 29, 2025 through February 13, 2026
The lawsuit alleges that CEO Atif Chaudhry had authority over hiring, firing, setting pay rates, and maintaining payroll records, and therefore qualifies as an “employer” under federal and state labor law.
Allegations: Reduced Pay, “Shaved” Hours, and Unpaid Expenses
The complaint claims that VCP promised specific hourly rates, per diem payments, and travel reimbursements — but did not fully pay them.
Tropea alleges she was promised $153/hr, later increased to $155/hr. However, she states she was actually paid $104/hr initially, later increased to $122/hr.
The complaint further alleges that the company failed to pay all promised per diem and travel reimbursements, which the filing describes as wages under New York Labor Law.
Example: 100.75 Hours Worked, 85.25 Hours Paid
In one detailed example, Tropea alleges that during the week of January 11, 2026, she worked 100.75 hours, including 60.75 overtime hours.
She claims she was paid for only 85.25 hours, including 45.25 overtime hours — a difference of 14.75 hours of overtime pay.
The complaint characterizes this as “shaving” reported time from pay records.
The filing also alleges that nurses were paid hourly — not salaried — and were not exempt from overtime requirements under the Fair Labor Standards Act (FLSA), the New York Labor Law (NYLL), or New York Codes, Rules and Regulations (NYCRR).
Legal Claims Filed
The lawsuit brings multiple claims under federal and state law, including:
- Failure to Pay Overtime (FLSA): The complaint alleges violations of 29 U.S.C. § 207 for failure to pay time-and-a-half for hours worked over 40 in a week. Tropea seeks to bring this as a collective action on behalf of: “All Registered Nurses employed by Defendants within the State of New York from December 1, 2025, through the final date of disposition of this action, who are or were required to work in excess of 40 hours per week without compensation at the statutorily required rate of one and a half times their hourly rate for all hours worked in excess of 40 per week.”
- New York Labor Law Overtime Violations: The complaint also alleges violations of New York Labor Law and New York Codes, Rules and Regulations § 142-1.4 for failure to pay required overtime.
- Unlawful Wage Deductions: The filing claims that promised hourly wages, per diem payments, and travel reimbursements were withheld, constituting unlawful deductions under NYLL § 193.
- Improper Wage Statements: The complaint further alleges that nurses were not issued accurate wage statements reflecting correct hours worked and correct rates of pay.
The plaintiff alleges these violations were “willful.”
Potential Scope of the Case
The complaint asserts that the proposed Rule 23 class includes more than 40 members and that aggregate damages exceed $5 million.
The plaintiff is seeking:
- Unpaid earned wages
- Unpaid overtime wages
- Liquidated damages
- Penalties
- Pre- and post-judgment interest
- Attorneys’ fees and costs
- A jury trial
The lawsuit also seeks certification of both a federal FLSA collective and a New York class action.
What Travel Nurses Should Know
This case underscores several key considerations for nurses accepting strike or rapid-response contracts:
- Ensure hourly rates, overtime rates, per diem structure, and reimbursement terms are clearly defined in writing
- Keep independent records of hours worked
- Save pay stubs and wage statements
- Understand that overtime laws apply to hourly RNs unless a specific exemption applies
Under the FLSA and New York Labor Law, non-exempt employees must generally receive 1.5 times their regular rate of pay for hours worked over 40 in a week.
As the litigation proceeds, it may provide further clarity about staffing agency obligations during strike assignments and high-intensity emergency contracts.
Nurse.org will continue to update this article as more information becomes available.
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