CITY OF WEST SACRAMENTO CANINE OFFICERS RECOVER $70,000.00 IN BACK PAY LAWSUIT

Five West Sacramento canine officers have recovered compensatory time off and $70,000.00 in back pay, costs and attorney fees for undercompensation of their off-duty work caring for, grooming, and training their canines. The successful lawsuit under the Fair Labor Standards Act (FLSA) alleged the stipend the City of West Sacramento provided its canine officers to care for, groom and train the canines during off-duty hours failed to compensate the officers for the actual number of hours worked.

When the officers filed suit, the City was paying its canine officers a monthly stipend of $250.00 for expenses. The MOU provisions regarding the fixed stipend, however, did not specify whether the $250.00 was intended to compensate the officers for off-duty work caring for the canines or instead constituted premium pay and a reimbursement. The MOU did not specify the number of off-duty hours the stipend was intended to compensate or the rate of pay for those hours.

The officers brought suit because the City was not properly compensating the canine officers for all the hours they worked off duty caring for the canines. In Leever v. City of Carson, 360 F.3d 1014 (9th Cir. 2004), the Ninth Ciruit explained that in order to rely on MOU language setting forth a lump sum payment for off-duty canine work, an employer has the burden of proving (1) there was an agreement to compensate canine officers for overtime work caring for their police dog; and (2) the agreement was reasonable. The court required the MOU, at a minimum, had to take into account some approximation of hours actually worked, or reasonably required to be worked, by the employee.

“We are extremely happy with the outcome that the law firm obtained for us in this litigation. Not only did we receive significant money in back pay, we also now have improved wages and benefits as canine officers.” Geoff Albert, City of West Sacramento Canine Officer and lead plaintiff.

The West Sacramento lawsuit alleged the agreement to pay the officers $250.00 per month was not a reasonable agreement for all the hours the officers worked off duty caring for, feeding, grooming and training their canines. The lawsuit demanded back pay for the affected officers, correction of the violation, and attorney fees and costs associated with filing the lawsuit.

Following discovery and a trial-setting conference, the City asked to negotiate a settlement. David E. Mastagni and Will M. Yamada engaged in extensive negotiations to recover back wages, as well as reach a new agreement improving benefits for the canine officers. As a direct result of the litigation, the canine officers in West Sacramento now are receiving three and one-half hours of overtime pay per week at one and one-half (1-1/2) times their regular rate of pay for off-duty work caring for, grooming and training their canines. The officers also receive additional reimbursements for expenses such as food and medical care. The officers even have the right to keep the canines when the canines are ready to retire.