Attention PPOA Members:
For the past several weeks, PPOA and our legal team have been reviewing and analyzing our options regarding the county’s August 10, 2018 notification
of retroactive payments for the revised calculation of the regular rate of pay for overtime hours. This notification was based on the Ninth Circuit Court of Appeals’ decision in Flores v. City of San Gabriel. The Court held that “cashback” payments from health care plans had to be included in the overtime rate under the Fair Labor Standards Act (FLSA).
PPOA has thoroughly vetted filing its own FLSA lawsuit in federal court. PPOA has also reviewed a federal lawsuit that was filed on August 9, 2018 by The Public Safety Labor Group and Rains Lucia Stern St. Phalle & Silver, PC. It is our opinion that PPOA should attempt to negotiate a settlement with the county while the Public Safety Labor Group pursues litigation. This will give our members multiple options in this matter.
PPOA, therefore, will not be filing a lawsuit but believes our members should take the precaution of continuing to protect their overtime rights by joining the lawsuit filed on August 9, 2018 by The Public Safety Labor Group and Rains Lucia Stern St. Phalle & Silver, who are representing other Los Angeles County employees. Please note: You will not automatically be covered by the lawsuit unless you sign a document known as a Consent to Join that will be filed with the court.
Please go to https://www.laovertimelawsuit.com for detailed information regarding the lawsuit as well as instructions on how to file a claim. Any employee who has worked any overtime hours in Los Angeles County at any time since August 9, 2015, is eligible to join the lawsuit. This includes retirees who have worked overtime in the last three years. Any questions should be directed to the law firms referenced on the website:https://www.laovertimelawsuit.com.
PPOA will keep you updated regarding our settlement efforts.