Three former Richmond sheriff's deputies allege in a lawsuit that the Richmond Sheriff's Office failed to properly compensate them for some overtime hours worked.
The lawsuit, which seeks class-action status, is the latest move by Richmond-area law-enforcement officers to seek compensation they say they are owed. As many as 600 current or former city deputies could be eligible to take part in the lawsuit, said Harris Butler, an attorney representing the plaintiffs.
The complaint was filed this month in Richmond federal court on behalf of plaintiffs Anthony Washington, Vincent Matassa and John Dismuke. It names Sheriff C.T. Woody Jr. and the city of Richmond as defendants. Butler said the city is a defendant because its employees handled payroll functions.
Butler said the plaintiffs are entitled to double the overtime pay they are owed over the past three years, though he did not specify a dollar figure.
Butler also represents nearly 400 current and former Richmond police officers in a separate federal class-action lawsuit seeking similar compensation.
The complaint involving the sheriff's deputies alleges that the plaintiffs and other employees are required to report to work 15 minutes before their shift every work day for "shift formation" but that the time "has not been calculated as time worked within the applicable work periods for overtime compensation purposes."
Deputies, according to the complaint, also are required to attend monthly training or other meetings without compensation and are not given overtime pay for time spent making court appearances on their days off. Also, deputies are not given overtime pay for the time they are required to spend delivering documents and other materials to court after they leave work, according to the complaint.
The lawsuits brought by the sheriff's deputies and the police officers both allege that the city violated the federal Fair Labor Standards Act by failing to pay overtime for all hours worked above 171 hours in a 28-day pay cycle.
The two complaints also allege that the city violated a 2005 state law by refusing to properly pay officers for all hours they worked between their standard 28-day pay cycle -- or 160 hours -- and the 171-hour threshold for overtime set by the Fair Labor Standards Act. That is known as "gap time."
Tony H. Pham, general counsel for the Sheriff's Office, said the department is evaluating the allegations in the complaint. "It would be inappropriate to comment on the specific allegations made in the complaint while this matter is still pending," he said.
Tammy D. Hawley, press secretary for Richmond Mayor Dwight C. Jones, declined to comment on the former deputies' lawsuit.
The 2005 Virginia law was shepherded through the General Assembly by then-state Sen. Ken Cuccinelli, now the state's attorney general. It says localities employing at least 100 law-enforcement officers must pay them overtime at a rate of at least 1 1/2 times their regular rate for the hours during the gap time.
In a similar lawsuit in Chesterfield County, more than 80 law-enforcement officers alleged a violation of state law, but the complaint has been withdrawn. One of the plaintiffs, Master Deputy Ben Lent of the Chesterfield Sheriff's Office, said the county has contended that its policies and those of the Sheriff's Office are compliant with state law, but Lent said the officers are in discussions with county officials. A phone call left for the county attorney was not immediately returned.
In December, Henrico County officials said a computer payroll glitch shortchanged hundreds of county public-safety employees of overtime. The checks reimbursing 437 police officers and other staff members averaged about $2,000. Some Sheriff's Office employees and Henrico firefighters also received payments: $71,000 to 200 firefighters and $240,000 to 207 employees of the county Sheriff's Office.
Butler said he and attorney Craig Curwood are representing more than 80 Henrico police officers or former officers and are trying to reach an agreement with the county to offer additional compensation.
Copyright 2011 - Richmond Times-Dispatch, Va.
McClatchy-Tribune News Service
