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| What is the Fair Labor Standards Act (FLSA)? |
| Damages Sought in the Lawsuit |
| FAQs |
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| What is the Fair Labor Standards Act (FLSA)? |
| The Fair Labor Standards Act (FLSA) is the basic federal wage and hour law. The FLSA requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay. The FLSA contains comprehensive overtime provisions that require employers to pay employees an overtime rate equal to 1½ times their regular rate for all overtime hours worked. |
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| Covered employees must be paid for all hours worked in a workweek. In general, compensable hours worked include all time an employee is on duty or at a prescribed place of work and any time that an employee is suffered or permitted to work. The activities which are the subject of the suit are "work" under federal and state law. |
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| Damages Sought in the Lawsuit |
| Damages sought under the FLSA |
| Under the FLSA, an employer who has violated the FLSA by failing to pay for overtime hours worked is liable for: |
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- Back wages owed to the employees; and
- The attorneys' fees and costs incurred by the employees in bringing the FLSA lawsuit.
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| In addition, employees may be entitled to receive either liquidated damages (an amount equal to the back wages owed) or, in the alternative, pre-judgment interest. |
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| The statute of limitations for the FLSA claims is at least two years prior to the filing of the individual's Consent to Join with the Court. This statute of limitations may be extended to three years if an employer willfully violated the FLSA. |
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| Damages sought under state law: |
| The lawsuit also asserts state law claims for breach of contract and equitable relief based on the City and the CSPD's promise to pay for all work actually performed. These claims may be brought for a period of six years under § 13-80-103.5 of the Colorado Revised Statutes and relevant case law. See Fishburn v City of Colorado Springs, 919 P.2d 847 (Colo. App. 1995), cert.denied 1996. The lawsuit seeks to recover the back wages for all of the uncompensated work (not included in the back wages owed under the FLSA). Accordingly, the lawsuit seeks to recover the following damages under the state law claims: |
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- Back wages
- Pre-judgment interest at the statutory rate of 8% per annum, compounded annually.
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| FAQs |
| How do I know if I am eligible to participate in the suit? |
| You may be eligible to participate if you have worked at least one pay period as a patrol officer or patrol sergeant after April 12, 2001. |
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| When is the deadline for joining the action? |
| The Court has not yet set the opt in deadline. When it is set, the date will be prominently displayed on the home page of this website and on the CSPPA website. |
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| Does the CSPPA support this action? |
| Yes. The PPA supports the action, but is not a party (the PPA is not an "employee" of the CSPD). |
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| Can the case be settled without a claimant's knowledge or permission? |
| No, and yes. Claimants will receive notice of any proposed settlement, and have the opportunity to object. The Court can approve a settlement over the objections of claimants. Claimants will then have the option to accept the settlement or "opt out" and continue to pursue their claims. |
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| How much will the lawyers be paid? |
| The lawyers have taken this case on a contingent fee basis that provides for payment to the lawyers of one-third of the amount recovered through the completion of a trial (45% in the event of an appeal). Attorneys' fees must be approved by the Court, and claimants will be notified of the application for fees and hearing date and time. |
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| Can claimants recover attorneys' fees? |
| Yes and no. Attorneys' fees are separately recoverable under the FLSA (federal) claim, but come out of the award on the state law claims. |
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| Does the action apply to City Marshalls? |
| No. The case is limited to CSPD patrol officers and patrol sergeants. |
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