Facts

In July 2018, Taira De Bernardi and Stephen Val Kirwan filed suit against the City and County of San Francisco alleging they violated the Fair Labor Standards Acts (FLSA), which requires employers to compensate employees for cashed out or used compensatory time off. As the case went on, the parties focused on current and former with the San Francisco Police Department, as well as other city departments. In September 2018, Abdullah Wazwaz, Jason Moore, Kenneth Yeung, and Brian Kam filed a complaint alleging similar compensatory claims. As that case progressed, the parties focused on current and former members of San Francisco Deputy Sheriff's Association and Sheriff's Managers and Supervisors Association. In 2019, the court certified the two collective actions and ordered the parties to provide notice to affected employees.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendant failed to properly compensate employees for cashed out or used compensatory time off at the employee's regular rate of pay. Plaintiffs Bernardi and Kirwan claimed these violations occurred from July 30, 2015, to November 30, 2018, while Plaintiffs Wazwaz, Moore, Yeung, and Kam alleged they occurred from September 12, 2015 to November 30, 2018.

DEFENDANT'S CONTENTIONS: Defendant denied liability.

Result

The case settled. Under the settlement, defendant expressly denies liability but will pay $503,506.33 to settle the claims of more than 1800 city employees, $162,723.43 of which will be paid out to the recovery plaintiffs. Plaintiffs' attorneys and a third-party administrator will receive $311,500.

Other Information

Consolidated with: Abdullah Wazwaz, et al. v. City and County of San Francisco; Case Number: 18-cv-05580-HSG