1) What is the Fair Labor Standards Act?
The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage and overtime pay for employees in the private sector and in Federal, State, and local governments. The law requires overtime pay at a rate not less than one and one-half times the regular rate of pay after 40 hours of work in a workweek.
2) Why are we filing a lawsuit against the District of Columbia under the FLSA?
Between the dates of November 2022 and March 2023, many members of the Metropolitan Police Department (“MPD”) worked over forty (40) hours within a workweek and did not receive overtime pay as required by the FLSA. The matter was brought to the attention of MPD management by the filing of a class grievance. For months, MPD management denied that it failed to pay the proper amount of overtime due to our members. Finally, in August 2023, Management conceded that the Union was correct and made a payment of overtime wages that were worked between November of 2022 and March of 2023. The lawsuit seeks an award of penalty pay for the improper delay and late payment of overtime that you were owed. The MPD's attorney has challenged the Union’s ability to have the FLSA claim resolved through the arbitration process and insisted that members must pursue the claim through a lawsuit.
3) How do I know if I qualify as a plaintiff-party under the FLSA suit being filed against the District of Columbia?
You qualify as a plaintiff-party in the FLSA lawsuit if you worked outside of your normal tour of duty or over forty (40) hours within a workweek between the dates of November 2022 and March 2023 and were not paid overtime during those pay periods. You also would have received a late overtime payment for this time in or about August 2023. If you are unsure if you qualify, please contact our FLSA lawsuit hotline at 667-260-2004 to determine if you meet the requirements.
4) Can my employer terminate or retaliate against me for joining the lawsuit?
No. FLSA §15 (a)(3) states that an employer is prohibited from discharging or in any other manner discriminating against any employee because an employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee. As a party to this lawsuit, you will be protected to the full extent of Federal law.
5) Do I have to personally pay to be represented by Counsel?
No. As a dues paying member of the DC Police Union, you will not have to pay any out-of-pocket costs, expenses or attorneys’ fees. All costs, expenses and fees will either be advanced by the Union on your behalf using dues received by members, and/or recovered from the District of Columbia through a settlement or award.
6) Will I receive payment if I join the lawsuit?
The lawsuit will seek an equal amount of the late overtime that you were paid in August 2023 as liquidated damages. There is no guarantee of a successful result, however, in the event such liquidated damages are paid, you will receive the entire award without any reduction for fees.
7) What if I do not join the lawsuit, can I still receive a settled-on award?
No. If you do not join the lawsuit, you forfeit your right of recovery through the lawsuit. Unlike a grievance, the FLSA requires that any employee seeking recovery must join the lawsuit. The Union tried to advance the case through a class grievance to avoid the inconvenience of each member having to join a lawsuit as a party, however, the MPD's attorney is insisting that the matter proceed through litigation and not through grievance arbitration process.
8) How do I join the lawsuit?
To join the lawsuit, please use the “Complete the Consent Form” link on this website or scan the “FLSA QR code” that you have been provided. Review and complete the electronic “Consent to Become Party Plaintiff Form” as well as the “Retainer Agreement” via DocuSign. If you have been provided with a hard-copy of this document, please review, print and complete the “Consent to Become Party Plaintiff Form” and the “Retainer Agreement” and scan and e-mail it to our office via [email protected] at your earliest convenience
9) Why do you need my home address?
For two reasons. First, this is the address any settlement check or payment will be sent to. Second, parties to a lawsuit are required to provide the Court with their full home address. However, we will NOT publicly file your home address with the Court. Instead, we will file your address with the Court under seal so that only the Court will have your address, and it will not be accessible to the public.
10) Who can I contact for more information?
For more information, please contact our FLSA hotline at 667-260-2004, where you will be directed to someone in our office that will be able to answer any and all of your questions and concerns.