San Joaquin County, California has reached a $279,000 settlement with a group of sheriff deputies following a 2020 lawsuit for alleged FLSA violations. The settlement, which was approved by a federal judge on August 15, 2022, settles a lawsuit filed by forty sergeants from the San Joaquin Sheriff’s Office. The sergeants claimed that the county failed to properly calculate their ...Read More »
Tag Archives: health benefits
Failure to Include Cash In-lieu Payments in Regular Rate Costs A California City More than $1.2 Million
The City of Davis, California recently settled an FLSA lawsuit filed by a small group of city firefighters for a total of $1,268,912. The lawsuit, which was filed on July 26, 2016, in the U.S. District Court for the Eastern District of California, was centered around whether payments made directly to firefighters in lieu of receiving employer sponsored medical benefits ...Read More »
Santa Clara Agrees to Pay Firefighters and Other City Workers $2.7 million for Alleged FLSA Violations . . . Again
The City of Santa Clara, California has settled an FLSA lawsuit by agreeing to pay more than 650 current and former city employees a total of $2.7 million. While the terms of the settlement require the city to make payments to over 650 potential plaintiffs, the vast majority of which are non-firefighters, we will focus on how the settlement applies ...Read More »
The crux of the plaintiff’s complaint involved alleged FLSA regular rate violations. In particular, the city’s failure to include certain wage augments in the plaintiffs’ regular rate. The FLSA requires virtually all the money an employee is paid included in his or her regular rate. Proper calculation of the regular rate is critical since all FLSA overtime must be paid at a rate of at least time-and-one-half of the employee’s regular rate. Very often employers utilize an employee’s base hourly rate to calculate the overtime rate of pay. However, the FLSA requires that all remuneration be included in the regular rate of pay.
Specifically, the plaintiffs made two basic claims:
- First, the city failed to include money paid directly to employees in lieu of receiving employer sponsored medical benefits in the regular rate.
- Second, the plaintiffs also wanted holiday pay included in their regular rate.
The City of Santa Clara, California is close to settling an FLSA lawsuit filed by five city firefighters back in October of 2018. These five initially alleged the city violated the FLSA by failing to include all remuneration in their regular rate of pay which resulted in firefighters being shorted on both comp time and overtime payments. The firefighters also ...Read More »
Several current and former San Diego firefighters filed a federal lawsuit last week alleging the City of San Diego violated the FLSA. Eric Kelley, Patrick Hesters, and Eric Dunnick filed the suit on behalf of themselves and other similarly situated individuals in the U.S. District Court for the Southern District of California on April 2, 2019. The firefighters’ complaint states ...Read More »
The Department of Labor (DOL) made an announcement today, March 28, 2019 that it has begun the formal review process necessary to make changes to various regulations pertaining to the regular rate of pay under the Fair Labor Standards Act (FLSA). The notice and comment period for these changes will run from today until May 28, 2019. At that time ...Read More »
Cathedral City, California, is the latest city to face allegations of unpaid overtime from one of its firefighters. Corey Goddard, an engineer/paramedic for the Cathedral City Fire Department, filed a federal lawsuit this week alleging his employer [Cathedral City] failed to include all remuneration in his and other firefighters’ regular rate of pay in violation of the FLSA. In the ...Read More »
Five California firefighters filed a lawsuit last week alleging their employer, the City of Santa Clara, violated the Fair Labor Standards Act (FLSA). Christopher Gaffney, Andre Jerome Soto, John C. O’Leary, Guido Quartaroli, and Jeff Provancher filed the collective action (lawsuit) on behalf of themselves and other similarly situated individuals against the city in federal court on October 24, 2018. ...Read More »
Today’s FLSA Question: I am my city’s HR manager. Our city provides health and wellness activities for city employees. As part of this program, employees can voluntarily participate in biometric testing programs. These include blood pressure, cholesterol, and other important health screenings. Employees who participate receive discounts off their portion of health insurance premiums. We schedule many activities during the ...Read More »