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31 Oct 2016

Virginia Police Officers Await Judge’s Ruling on $5 Million Unpaid Overtime Lawsuit Against City

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FRANKLIN – A group of Franklin, Virginia police officers expect to hear from the judge overseeing their case in the very near future as the court heard memos and motions from both sides over whether the plaintiffs’ $5 million unpaid overtime lawsuit against the city may proceed. The ruling is an important step in the case as a decision in favor of the defendant would essentially put the suit on hold and potentially kill it altogether unless an appeal is made to the Virginia Supreme Court.

In their motion, the city acknowledged many of the facts stated in the plaintiffs’ suit, namely the amount of hours police officers worked during their 28-day pay periods. Furthermore, the city’s motion argues the officers were hired with the clear understanding they were to be paid on a salary basis as opposed to an hourly basis.

The plaintiffs claim they frequently worked 11 over 160-hours during their 28-day pay period (40 hours per week over four weeks) and should be compensated for these hours. However, the city claims their employment agreements with the officers affords them overtime only for time worked over a 171-hour threshold.

In fact, the city of Franklin claims it actually overcompensated police officers for their overtime wages compared to how workers are normally paid for overtime wages. Attorneys for the plaintiffs claim the defendant’s concessions actually serve to make their point but in the end the issue will have to be decided by the Southampton County Circuit Court overseeing the case.

Are Police Officers Exempt From Overtime Pay?

Many workers do not realize only certain classes of employees may be exempt from overtime wages and these individuals must perform certain job duties consistent with federal wage laws. Unfortunately for police and firefighters, they are frequent victims of wage theft.

Speaking to an experienced overtime lawsuit attorney can help clients make sense of their case and understand their legal options. Depending on the circumstances of the case, victims may be able to recover up to two to three years of back wages.

Police Department Unpaid Overtime Lawsuits

Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.

Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.

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