A former Los Angeles emergency services dispatcher has filed a collection action lawsuit against the city of L.A., accusing the city of failing to pay her and other former dispatchers overtime pay they had "banked" through their years of service, which was allegedly due to be paid at the time they stopped working for the city.
"This banked overtime constitutes back overtime wages and was due and payable in her final regular paycheck after resignation or retirement, but Plaintiff did not receive the money owed in that pay period or even in the following pay period, or the pay period after that," states the lawsuit, filed in U.S. District Court for the Central District of California. "Indeed, the time in which defendant delayed in paying the overtime due to Plaintiff was four pay periods, or seven and a half weeks after her date of retirement."
The amount of banked overtime is included on employee paycheck stubs, the lawsuit states.
"Therefore, both Plaintiff and Defendant knew at all times during Plaintiff’s employment the amount of banked overtime earned and due at the time of resignation or retirement," the suit says. "Notwithstanding, the delay in payment is so common and pervasive that many employees are advised upon retirement by their retirement counselor that they will not receive payment for their banked overtime for at least two months. Even after waiting for two months, many employees must email and/or call the city to ask for payment and often are required to wait weeks or even months longer."
The lawsuit seeks monetary damages, plus attorney fees and court costs.
The plaintiffs are represented by attorneys Matthew F. Archbold and David D. Deason, of Deason & Archbold, of Huntington Beach.
Legarda v. City of Los Angeles, U.S. District Court for the Central District of California, 2:23-cv-09516