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Employment Law
Compensations, Benefits
FLSA, San Francisco Civil Service Commission

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

Diane Sidd-Champion


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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