Police Officers' Overtime Lawsuit against the City of San Diego Survives Defendants' Latest Motion to Dismiss
- Core Claims of FLSA Violations and Breach of Contract to Proceed to Next Phase -
IRVINE, Calif. May 17, 2007 - Jackson | DeMarco | Tidus | Peckenpaugh ("JDTPP") announced that on May 15, 2007, in the case of Abbe, et al. v. the City of San Diego, the U.S. District Court for the Southern District of California issued an Order regarding the Defendant's motion to dismiss. The trial judge, the Honorable Dana M. Sabraw, found the allegations in support of the police officers' core claims - that the City willfully and repeatedly violated the Fair Labor Standards Act, that the City should pay penalties for failure to take timely remedial action, and that the City breached its contract with the police officers - were sufficient to proceed to trial. Judge Sabraw asked that an additional claim of FLSA violations relating to compensatory time off be restated and re-filed, which JDTPP will do in a timely manner as allowed. Within the Order, Judge Sabraw also dismissed some secondary Constitutional and state labor law claims.
Senior Associate Attorney for JDTPP, commented, "The claims that were dismissed were included as alternate remedies, in addition to the FLSA and breach of contract claims, and were designed to expand on the areas of law that may have given rise to additional relief. These claims were designed to test their viability in a vague and undeveloped area of employment law. The Court recognized these were areas of first impression and ruled accordingly. Having had the opportunity to review the Order, we understand and respect the Court's decision."
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The law firm of Jackson | DeMarco | Tidus | Peckenpaugh, headquartered in Irvine California, with a second office in Westlake Village, is recognized as a preeminent California full service law firm, offering high quality, innovative, responsive and cost-effective solutions to meet client needs. JDTPP provides practical advice and representation in a wide range of legal practice areas, encompassing business and tax law, employment law, intellectual property, common interest subdivision, land use and environmental regulation, real estate, construction law, commercial leases, financing, immigration and represents clients in key industries, such as technology, life sciences, software development, electronics, agriculture, energy and oil, financial and banking, manufacturing, distribution, real estate, and hospitality. More information on Jackson | DeMarco | Tidus | Peckenpaugh can be found at http://www.jdtplaw.com/.
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Jackson | DeMarco | Tidus | Peckenpaugh
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