Francis Kelly, Dennis Kruger v. City and County of San Francisco
Published: Dec. 20, 2008 | Result Date: Mar. 6, 2008 | Filing Date: Jan. 1, 1900 |Case number: 05-1287 Settlement – $755,000
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Jonathan C. Rolnick
(Office of the San Francisco City Attorney)
Ruth Marian Bond
(Office of the San Francisco City Attorney)
Facts
Plaintiffs Francis Kelly and Dennis Kruger brought a class action suit against defendant city and county of San Francisco seeking payment of overtime compensation, vacation pay and vested sick leave that were not incorporated in the lump sum amount given to former uniformed San Francisco Fire Department (SFFD) employees prior to leaving the job.
The class was composed of former uniformed SFFD employees eligible for training and education achievement, retention, and terrorism response training compensation through June 30, 2007, and who were paid a lump sum on or after Feb. 25, 2002.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed that the lump sum amount was incorrect as it did not take into account training and education achievement, retention and terrorism response training compensation. They further contended that defendants violated the Fair Labor Standards Act, the California Labor Code and rules of the San Francisco Civil Service Commission.
Damages
Plaintiffs asked for liquidated damages, declaratory and equitable relief, an injunction, among other relief.
Result
Parties settled for $755,000, with $654,000 to be paid to class members and $101,000 in attorneys fees/costs.
Other Information
Preliminary approval of settlement issued March 6, 2008. FILING DATE: Feb. 25, 2005.
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