Facts

In Nov. 2005, plaintiff Courtney Gordon signed a conditional offer of employment with the Oakland Police Department, consenting to defendant city of Oakland's policy requiring police academy graduates to reimburse defendant for training expenses if they serve fewer than five years on the police force. In Jan. 2008, plaintiff resigned before beginning her second year with the police force. She brought a class action lawsuit against defendant on behalf of herself and other former police officers under 42 U.S.C. section 1983. The defendant filed a motion to dismiss the claim.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant's reimbursement provision violated the Fair Labor Standards Act (FLSA) and deprived plaintiff of the federal minimum wage in her final week of work. It violated her First Amendment right of association, the Privileges and Immunities Clause, the Fifth and Fourteenth Amendments, and the "unconstitutional-conditions" doctrine relating to the waiver of constitutional rights. The plaintiff also asserted several state law claims.

Damages

The plaintiff sought the $6,400 she was required to reimburse defendant, which was 80 percent of $8,000 in training expenses, pursuant to the reimbursement provision. The defendant withheld $1,950.34 from plaintiff's final paycheck as payment for the $6,400 owed.

Result

Judge William H. Alsup dismissed plaintiff's complaint, allowing her leave to amend. The court found the employee-reimbursement provision did not violate the FLSA because the deduction did not result in plaintiff being paid below the federal minimum wage. It rejected all of plaintiff's constitutional claims and declined to exercise supplemental jurisdiction over her state law claims, finding identical allegations pending in state court at the time in City of Oakland v. Hassey. In that case, the court granted summary judgment for the city. The Court of Appeal upheld the city's reimbursement policy on June 17, 2008.