Settlement Reached in FLSA Lawsuit
Yesterday, December 19, 2019, PPOA received the information below from the Law Offices of Rains, Lucia, Stern, St. Phalle & Silver, PC. As the law firm representing a number of PPOA members in the FLSA overtime lawsuit against Los Angeles County, they are pleased to report a settlement has received preliminary approval from United States District Court Judge Dale Fischer.
If you participated in the lawsuit, you should be receiving correspondence with instructions and details on the procedures for receiving funds under the settlement.
What Is The Lawsuit About?
The lawsuit arose of the County’s non-compliance with the Ninth Circuit’s decision in Flores v. City of San Gabriel, where the court held that cash in lieu of health insurance benefits had to be included in the calculation of the FLSA’s overtime rate. In July 2018, in an attempt to head off the lawsuit, the County recalculated overtime including the cash-in-lieu and paid employees what should have been paid in the first place, but only back to January 2018. Since the FLSA has a three-year statute of limitations, the County’s payments were clearly inadequate and the lawsuit was filed.
In August 2018, after the lawsuit was filed, the County recalculated overtime again and made a second payment, this time going back to August 2015. However, the County’s payments did not include double or “liquidated” damages, usually required by the FLSA. And so, the lawsuit continued.
What Does The Settlement Provide?
The County has now agreed to pay liquidated or double damages in an amount equal to the two 2018 payments it made to employees. This means that all Plaintiffs will have received everything they were due under the FLSA, including three full years of damages plus liquidated damages.
How Do I Receive My Share Of The Settlement?
To receive the settlement, a Plaintiff needs to sign the release form that received preliminary approval from Judge Fischer. Correspondence from the law firm above will describe the easiest way to sign the release electronically. You can also print it out, sign it and return it to Jacob Kalinski at 16130 Ventura Boulevard, Suite 600, Encino, CA 91436.
What Happens Next?
Judge Fischer set a 45-day period expiring on January 27, 2020 for Plaintiffs to raise any objections they have to the settlement. Per Judge Fischer’s instructions, all objections should be sent to Plaintiffs’ lawyers, who will collect them and send them to Judge Fischer and the County. After the 45-day period, Judge Fischer will hold a hearing on final approval of the settlement. In deciding whether to approve the settlement, Judge Fischer will decide whether the settlement is fair and reasonable considering the legal issues involved and any objections to the settlement.
If The Settlement Is Approved, When Will I Be Paid And How Much Will I Receive?
The County will pay all settlement amounts no later than sixty (60) days following Judge Fischer’s approval of the settlement.
How Do The Attorneys Feel About The Settlement?
All of the attorneys representing the Plaintiffs strongly support the settlement and believe it reaches a result at least equivalent if not better than what could be achieved in court.
Will I Be Paying Any Attorney Fees?
No. The settlement requires the County to pay the attorney fees and litigation costs for the Plaintiffs’ lawyers. Employees who joined the lawsuit will pay no attorney fees or litigation costs.
Where Can I Find Out More Information About the Settlement?
On the lawsuit’s website you will find links to the Complaint filed in the case, the County’s Answer, and the motion for preliminary approval of the settlement. https://www.laovertimelawsuit.com/. The Motion, which was granted by Judge Fischer, contains a history of the case, the specific details of the settlement, and why the lawyers are supporting the settlement.
How Can I Ask Questions About The Settlement Or File Objections?
All questions about the settlement as well as any objections should be directed to Jacob Kalinski, Attorney at Law, 16130 Ventura Boulevard, Suite 600, Encino, CA 91436, (747) 221.7100.
Week in Review – 12/14/19
Week in Review – 12/07/19
Week in Review – 11/23/19
Week in Review – 11/9/19
2019 PPOA BOARD ELECTION RESULTS
An official ballot count conducted this morning (Nov. 20, 2019) confirmed that PPOA members who are LASD Sergeants and Lieutenants in Unit 612 have elected Lieutenant John Satterfield, and re-elected Lieutenant Tab Rhodes and Lieutenant Ryan Vienna to serve as directors of the PPOA board.
The ballot count also confirmed that PPOA members who are LASD Security Assistants and Security Officers in Unit 621 have re-elected Security Officer Jody Clounch to serve as a director of the PPOA board.
Final ballot count results are below:
UNIT 612 LASD SERGEANTS & LIEUTENANTS (THREE SEATS AVAILABLE)
Candidates Votes Received (percent of total vote)
Sergeant Patrick Gadut156 (17.55%)
Lieutenant Tab Rhodes 260 (29.25%)
Lieutenant John Satterfield 263 (29.58%)
Lieutenant Ryan Vienna 210 (23.62%)
UNIT 621 LASD SECURITY ASSISTANTS & SECURITY OFFICERS (ONE SEAT AVAILABLE)
Candidates Votes Received (percent of total vote)
Security Officer Jody Clounch 151 (59.55%)
Security Officer Gerry Garcia 104 (40.78%)
Rhodes, Satterfield, Vienna and Clounch will be officially sworn in to two-year terms at the December board meeting.
The ballot count was conducted by Unilect, an independent election firm. Special thanks to the PPOA members who volunteered to serve on today’s election committee and monitor/verify the ballot count:
L.E.T. Patricia Helfend
Retired Coroner Investigator Dan Machian
D.A. SGT. Sean Robinson
P.R.D. II Mike Salazar
C.A. Eddie Smith
Week in Review – 11/16/19
STEER CLEAR Holiday Free Ride Program for PPOA Members
PPOA wants to ensure that all members make it home safely while celebrating and socializing during the holidays.
The PPOA “Steer Clear” program offers reimbursements to members of this association who use UBER or LYFT
between Nov. 28, 2019 and Jan. 1, 2020.
This reimbursement offer is limited to one round-trip or two one-way trips not exceeding 30 miles total. Valid for UberX and Lyft Economy rides only. Tips not included. Offer limited to active, dues-paying PPOA members.
If you plan to enjoy adult beverages this season, please do so responsibly. And if you’re not in condition
to drive safely, make sure to use UBER or LYFT and email your receipt to info@ppoa.com (using your personal non-LASD email address) for reimbursement.
We sincerely hope PPOA members enjoy a safe and happy holiday season!
Custody Assistant Who Took In Five Boys Nominated for ABC7 ‘Pay it Forward’ Contest
SOUTH LOS ANGELES (KABC) — Thirty years ago, Tiffany Smith took an oath to protect and serve. And it became the foundation of her life’s work — on and off duty.
Tiffany serves as a corrections officer for the L.A. County Sheriff’s Department, and at home, she’s mom to seven young men.
“Just her raising us by herself and everything she had to do, run here, run there, still take care of her business, still try to put us in sports, still try to keep us feeling like kids and you know happy while we’re dealing with all this turmoil,” said Jeremy Smith, Tiffany’s son.
Divorced with two young sons, things weren’t always easy. But their house was filled with love. And in 2004, Tiffany felt compelled to create a safe space for kids in need.
She made the decision to become a foster mom, taking in five boys – four of them brothers who had been separated across the county.
“As I got to know the boys I got attached to them and they just became like my own children,” she said.
Two of her sons suffer from mental illnesses.
“The challenges escalated to a higher level than I could have ever imagined. But through it all, we made it and the kids are grown and well now. So I’m grateful for that,” she said.
Friends and co-workers who know Tiffany best say she is the most giving person they know. And this time, they’re happy to see her on the receiving end as a Mathis Brothers Pay It Forward finalist.
“I’m older than she is but I look up to her. I admire her for her strength, the courage and her ability to make things happen in her life and for other people,” said Tiffany’s friend and co-worker, Toni Babers.
“Sometimes even when I go back and look at my life, myself it’s amazing to me. So I’m very grateful that someone else sees the beauty in what I’ve done,” Tiffany said.
Being a mother and raising seven boys who are now happy, successful young men, she says, has been her life’s greatest accomplishment.
“Children that need just the basics in life, being a solid foundation, stability, love and nurturing and if I’m in a position to be able to render that to children in need, by all means I would jump at the chance to do that again,” she said.
Smith is one of three “Pay It Forward” finalists announced this week leading up to Friday’s big reveal. That’s when the grand prize winner of $10,000 from Mathis Brothers will be announced.