The FLSA overtime lawsuit is moving forward.

CAPE and fellow Coalition of County Union members believe the County has been underpaying employees' overtime. In its Flores decision two years ago, the Ninth U.S. Circuit Court of Appeals held that "cashback" payments from health care plans had to be included in the overtime rate under the Fair Labor Standards Act. The County has failed to comply with Flores. In addition, CAPE has reason to believe that the County's basic overtime calculations have been wrong.

Since this is a class action lawsuit, CAPE is not the plaintiff in the action, rather as mentioned above, the union is assisting in the funding of the case. CAPE members must join the lawsuit to become plaintiffs. There is no cost to you to join the lawsuit, but you must fill out the required forms.

Please visit and follow the directions to sign up. You will also need to download the retainer form and return it to the address indicated. You can also download the packet by clicking here, which includes some FAQs, fill out all the information and return to the address indicated on the form. These packets will also be available at the CAPE office and at the regular tables at HOA and DPW headquarters.

CLICK HERE for FAQs about Attorney Fees and Litigation Costs.

Questions should be directed to attorney Nicole Castronovo at 310.393.1486.