LA COUNTY MAY HAVE UNDERPAID LOCAL 1014 MEMBERS OVERTIME.
YOU MIGHT HAVE A CLAIM.
The overtime lawsuit against the County is moving forward. Local 1014 encourages all of its members to join the lawsuit in order to protect their overtime rights. Here’s the information you need about the lawsuit and how to join.
WHAT IS THE LAWSUIT ABOUT? Local 1014 believes the County has been underpaying employees’ overtime. In its Flores decision two years ago, the Ninth Circuit held that “cashback” payments from health care plans had to be included in the overtime rate under the Fair Labor Standards Act. The County has failed to comply with Flores. In addition, Local 1014 has reason to believe that the County’s basic overtime calculations have been wrong.
ARE EMPLOYEES AUTOMATICALLY PART OF THE LAWSUIT? No. To be covered by the lawsuit, employees have to sign a document known as a Consent to Join that will be filed with the court.
WHO IS ELIGIBLE TO JOIN THE LAWSUIT? Any employee who has worked any overtime hours for Los Angeles County at any time since August 9, 2015, is eligible to join the lawsuit. This includes retirees, provided they worked overtime in the last three years.
HOW DOES THE LAWSUIT RELATE TO THE EXTRA OVERTIME PAYMENTS THE COUNTY WILL BE MAKING? Clearly spurred by the preparations to file a lawsuit, the County has announced that it will now be paying employees extra overtime retroactive over the last three years. However, the County will not be paying employees the “liquidated damages” the lawsuit is seeking. “Liquidated damages” are an amount equivalent to back pay, which is why the FLSA is known as a double-damages law. The lawsuit will also examine whether the County’s payments are accurate.
HOW TO JOIN THE LAWSUIT.
The Public Safety Law Group and Rains Lucia Stern St. Phalle & Silver are representing Los Angeles County employees in a lawsuit against the County for underpaying their overtime. You may have a claim.
You have a claim for underpaid overtime if you meet two conditions:
- You worked for Los Angeles County for all or part of the three years before the date we file your claim.
- You worked overtime during that time period (see above).
Go to https://www.laovertimelawsuit.com/ to file a claim.
Download the Consent To Join form and the Attorney-Client Agreement. Both forms need to be signed and the originals mailed to:
Rains Lucia Stern St. Phalle & Silver
1428 2nd Street, Suite 200
Santa Monica, CA 90401
Attention: Nicole Castronovo.
Faxed or emailed signatures will not be accepted.
Alternatively, you can drop the forms off at the front counter at Local 1014 Union Hall:
3460 Fletcher Avenue
El Monte, CA 91731.
Local 1014 will also have blank forms available if you cannot access the forms online.
If you have questions on your claim or related to this lawsuit, please contact Nicole Castronovo at (310) 393-1486.
WHO ARE THE ATTORNEYS AND HOW ARE THEY BEING PAID? The team of attorneys handling the case include attorneys from the Rains Lucia Stern St. Phalle and Silver law firm and the Public Safety Labor Group. The attorneys are handling the case on a 25% contingent fee basis, meaning that the attorneys only get paid if they make a recovery. The attorneys’ fees will only be charged on the additional amounts they recover beyond what the County will be paying employees in the extra overtime payments.
WHO SHOULD EMPLOYEES CALL IF THEY HAVE QUESTIONS? If you have any questions, call attorney Nicole Castronovo at 310.393.1486.