Flaggers who worked through Griffin on Con Edison worksites in New York from 2012 to 2023 are covered by a revised $615,000 wage and hour settlement that a federal court in Manhattan preliminarily approved on November 4, 2026. Notices and claim forms will be mailed to class members; the claim deadline has not been published.
What Happened?
On November 4, 2026, U.S. Magistrate Judge Ona T. Wang of the Southern District of New York preliminarily approved a revised settlement in Moses v. Consolidated Edison Company of New York, Inc., No. 1:18-cv-01200. The case was brought by flaggers, the workers who direct traffic around utility work, hired through Griffin Industries and Griffin Security Services to work on Con Edison job sites. The workers allege they were not paid all the wages they were owed. The settlement creates a $615,000 fund, and Con Edison will pay up to $30,000 more to publish notice in New York newspapers.The order says neither it nor the settlement is evidence that any defendant did anything wrong, and the claims were never decided at trial.
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Why the Settlement Was Revised
Con Edison and the workers first agreed to a $725,000 settlement, which the court preliminarily approved on November 10, 2025. Days later, the workers’ lawyers told the court the two sides disagreed about how far the release of claims reached. A magistrate judge held a settlement conference on May 28, 2026, and the parties reached a revised deal in principle about a week later.The revision made two main changes. The settlement amount dropped to $615,000, and the released claims were narrowed to New York State and local wage and hour claims arising from flagging work through Griffin on Con Edison worksites in New York, under a Con Edison purchase agreement with Griffin that took effect September 1, 2015. The court found the lower amount fair in light of the dispute over the release. The terms for attorneys’ fees, service awards and how the money is divided did not change.
Who Is Covered
The settlement class covers people who did flagging work through Griffin on Con Edison worksites in New York State during the settlement class period, which runs from February 9, 2012 through about March 31, 2023. The court had already certified the settlement class under Rule 23(b)(3) and approved a smaller FLSA collective within it; the revised order leaves both in place.Each class member’s share is based on an expert report that counts the weeks they did flagging work through Griffin at a Con Edison worksite in New York City and the weeks they did that work outside the city. The order does not publish per-person estimates.
What Happens Next
- The class list, built from the mailing list used for an earlier 2023 notice and updated with newer addresses, goes to the settlement administrator within five days of the order.
- The administrator mails the notice, the claim form and an IRS Form W-9 within 21 days of receiving that list.
- A summary notice runs in amNewYork, El Diario La Prensa and Newsday within 21 days of the order.
- Class members have 60 days after the mailing to opt out or object. The claim deadline is set by the notice.
- The workers’ lawyers must file for final approval, attorneys’ fees, costs and service awards at least 30 days before the hearing.
- The fairness hearing is March 10, 2027 at 10:00 a.m. in Courtroom 20D at 500 Pearl Street in Manhattan. The court may move it without further notice.
Questions
Why did the Con Edison flagger settlement drop from $725,000 to $615,000?
After the original $725,000 settlement was preliminarily approved in November 2025, the parties disagreed about how broad the release of claims should be. A revised agreement reached with the help of a magistrate judge narrowed the released claims and lowered the settlement amount to $615,000. The court found the reduction fair in light of that dispute.
How will the Con Edison flagger settlement be divided?
The allocation method is unchanged from the original settlement. It is based on an expert report that counts the weeks each class member did flagging work through Griffin at a Con Edison worksite in New York City and the weeks they did such work outside the city. Per-person amounts have not been published.
When is the claim deadline for the Con Edison flagger settlement?
The preliminary approval order does not state a claim deadline. The claim form and the deadlines come with the notice that the settlement administrator mails to class members. The deadline to opt out or object is 60 days after that mailing.
Does Con Edison admit it violated wage laws?
No. The order says neither it nor the settlement may be used as evidence that any defendant engaged in wrongdoing. The workers’ claims are allegations that were never decided at trial.
Sources
- Order Granting Plaintiffs’ Motion for Preliminary Approval of Class Settlement, Dkt. 817, entered November 4, 2026, Moses v. Consolidated Edison Company of New York, Inc., No. 1:18-cv-01200 (S.D.N.Y.)
- Court docket on CourtListener
