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Los Angeles County Deputies Unpaid Overtime Class Action

Los Angeles County Deputies Allowed to Proceed with Class Action Claim of Coerced Uncompensated Overtime

Employers must pay for time at training program

The judge in a federal wage-and-hour class action lawsuit recently ruled that the Los Angeles County deputies who inititated that legal proceeding can present their arguments related to a claim that supervisors pressued them to not report overtime hours that they worked. The deputies had asserted that the practice violated the federal Fair Labor Standards Act (FLSA).

The deputies reported that their training academy instructors informed them that requesting overtime would get them labeled a “sniveler.” The deputies added that some overtime requested were denied and that a fear of retribution prevented filing other overtime claims.

Relevancy of Fair Labor Standards Act

In allowing the deputies to proceed with their claim related to being coerced into not reporting overtime hours, the court recognized that that practice was contrary to the requirement under the FLSA that a non-exempt worker receive overtime compensation for every hour worked in excess of 40 hours each week. Requiring that a deputy or any other public or private sector employee of any business work “off-the-clock” in an effort to evade the overtime standards under the FLSA violates that provision of that law.  

Case Settles After Court Decertifies Class

This case settled on an individual basis after the court decertified the class

Current Case Status: 
This case settled on an individual basis after the court decertified the class. The litigation lasted almost 6 years. At the risk of oversimplification, the court determined that the 1000s of Deputy Sheriffs potential claims were not similar enough to be treated on a collective basis. The three named plaintiffs each settled for roughly $15,000 a piece.
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