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Pomona Unified School Police Officer Settles FLSA Lawsuit with District
A four year veteran with Pomona Unified School District Police Department had moved through the ranks to the position of Assistant Program Manager. In this administrative position he was "exempt" under the FLSA and therefore the district did not have to pay him overtime.
A conflict arose between the police chief and the Assistant Program Manager, which resulted in the officer being reassigned to patrol. There was no reduction in pay, however, the officer no longer served in an administrative capacity. Further, the chief informed the district that since the officer still maintained his administrative title and pay, he was "exempt" from overtime pay. As such overtime was not paid for overtime worked in his patrol duties.
After repeated attempts to enlighten the school district, Dieter Dammeier of Lackie & Dammeier LLP filed an FLSA lawsuit against the district to compel payment for the overtime worked. A settlement was subsequently reached which included the officer receiving all of his overtime pay and the district paying costs and attorneys fees.
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