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LAUSD Payroll Class Action
If you are a plaintiff in either the Weaver or Moynihan lawsuit, please update your contact information with LACKIE & DAMMEIER, so that we can expedite the settlement process and get you your settlement check. To update, please email your current mailing address and telephone number to: mcgill@policeattorney.com. Or, click and print the “Client Information Form” and fax to LACKIE & DAMMEIER at 909-985-3299.
LACKIE & DAMMEIER APC successfully prosecuted Robert Weaver, et al. v. City and County of San Francisco, Case # C03-01589 SI, in both the District Court and the Ninth Circuit Court of Appeal, obtaining summary judgment on the issue of liability in favor of all firefighter paramedics.
Because only those firefighter paramedics who affirmatively signed up for the Weaver lawsuit were entitled to back wages for lost overtime, a subsequent lawsuit was filed entitled Michael Moynihan, et al. v. City and County of San Francisco, Case # C06-07071 SI. This lawsuit was filed and joined by a number of additional firefighter paramedics who had not signed up for the Weaver lawsuit.
Having won the case on the issue of liability, the attorneys attended a mandatory settlement conference on August 24, 2007, to resolve the amount of damages each firefighter paramedic is entitled to. The parties have reached a tentative settlement that calls for each firefighter paramedic to receive 90%-95% of his or her back wages. Overtime will accrue for all hours worked over 40 where the firefighter paramedic was not engaged in fire suppression and where overtime was not already paid. Back wages will be paid dating back two years from the date each plaintiff joined the lawsuit up through the time that the final agreement is approved. This settlement is tentative, and not finalized. The actual terms may vary slightly, and each plaintiff will be entitled to a different amount, depending on the amount of overtime each plaintiff worked.”
LACKIE & DAMMEIER understand that several firefighter paramedics, who ordinarily would be owed overtime under the FLSA, did not sign up on either the Weaver or Moynihan lawsuits. This means that the City does not owe you any back pay.
We also understand that many plaintiffs have expressed concerns that despite this lawsuit, the City will not continue to meet its obligations under the FLSA by paying overtime in the future.
Accordingly, the only means to fight this injustice is to bring suit again on behalf of those firefighter paramedics who never signed up under either Weaver or Moynihan, or for those plaintiffs in Weaver or Moynihan who are not paid overtime after their settlement is achieved. LACKIE & DAMMEIER is prepared to continue this battle if necessary.
Therefore, if you never signed up for either the Weaver or Moynihan lawsuits, or you are currently a plaintiff in either the Weaver or Moynihan lawsuit and are not paid overtime in the future after your case is settled, you may have recourse. We are currently collecting names of potential plaintiffs. Please complete the online form and you will be added to our list of contacts. You will then be contacted after the Weaver and Moynihan lawsuits have been settled, to determine whether you are eligible to be a plaintiff. Or, if it is easier for you, email LACKIE & DAMMEIER at mcgill@policeattorney.com, or contact via phone at (909) 985-4003.
By
completing this form, you are simply adding your name to a list to be
contacted; no lawsuit has been filed or will be filed on your behalf
simply based upon you submitting this information. Submitting this form
does not mean you are represented by counsel. If you are not contacted
within the next few months, please contact LACKIE & DAMMEIER
immediately.
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