Richard Duplesse and Tom Fahrny on their own behalf and as a collective action on behalf of all others similarly situated v. County of Los Angeles
Published: Feb. 26, 2011 | Result Date: May 18, 2010 | Filing Date: Jan. 1, 1900 |Case number: 2:08-cv-05819-AHM-FMO Bench Decision – Defense
Court
USDC Central
Attorneys
Plaintiff
Thomas G. Foley Jr.
(Foley Bezek Behle & Curtis LLP)
Nathan T. Lowery
(Levinson, Arshonsky & Kurtz LLP)
Richard E. Donahoo
(Donahoo & Associates PC)
Justin P. Karczag
(Encore Law Group LLP)
Defendant
Deborah Crandall Saxe
(JAMS)
Facts
Richard Duplesse and Tom Fahrny were employed as paramedics by the Los Angeles County Fire Dept. Duplesse, Fahrny and 82 other employees filed suit against Los Angeles County, alleging violations of the federal Fair Labor Standards Act (FLSA).
Contentions
PLAINTIFFS' CONTENTIONS:
The employees contended the County incorrectly calculated the pay rate of employees who worked paramedic and hazardous materials handling shifts, failing to include non-discretionary bonuses paid for working unscheduled shifts in regular firefighter positions when calculating overtime.
DEFENDANT'S CONTENTIONS:
The County contended that the rate was correctly calculated under the FLSA, because the plaintiffs were only entitled to discretionary bonuses when they worked in paramedic or hazardous materials positions, and only entitled to overtime compensation when they actually worked over 182 hours in a 28-day work period, not when they worked shifts outside their regular schedules.
Damages
The employees sought damages for lost income and liquidated damages.
Result
The court granted the County's motion for summary judgment and rendered a verdict for the defense.
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