Los Angeles County Deputies Allowed to Proceed with Class Action Claim of Coerced Uncompensated Overtime
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.
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.
This case settled on an individual basis after the court decertified the class