Donning and Doffing

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Letters proposing possible settlement or award amounts in a class action suit filed by some members of the Long Beach Police Department's rank and file for time they must spend putting on their protective gear and uniforms have some officers on the force worried, sources have told the Press-Telegram.
A number of officers said letters from Attorney Herbert Hafif,  who filed the "Donning and Doffing" lawsuit on behalf of the officers, were sent to officers named in the suit starting in early April. In the letters were proposals or claims of settlement or reward amounts in the tens of thousands of dollars per individual. Speculation by members of the department calculate some of the proposed sums could be in the hundreds of thousands of dollars for some officers with more years on the job and more rank.
City Attorney Robert Shannon said last week he had not seen any of the letters although he had heard about them.
Shannon also confirmed the city and the attorney for the plaintiffs are scheduled to meet in May with a court-appointed mediator. Such meetings are common in any lawsuit of this size and the city has no intention of settling next month, particularly not for the amounts being talked about, Shannon said.
"I have heard the amounts they're claiming ... and we would never agree to that," Shannon said.
Hafif could not be reached for comment.
A few police officers said they were particularly concerned with the timing of the mediation. When the suit was filed, they noted, the city's deficit was not as critical.
The timing of the mediation is also not lost on the city, Shannon said, although he added that the city would not settle on the matter even if the economy were not in question.
In a nutshell, "Donning and Doffing" refers to the time officers spend before shift suiting up and then, at the end of their shift, dressing down. Many officers arrive to work early to don protective gear and uniforms. Attorneys who have filed "Donning and Doffing" suits argue the clock starts the moment the officer begins to dress and that the issue is covered by the federal statute known as the Fair Labor Standards Act (FLSA).
Lawsuits seeking compensation for "Donning and Doffing" began gaining in popularity last year and police officers in other parts of the state and nation who have already filed such suits have seen mixed results.
In California, the state of the law is tough to figure out. Three different federal judges have issued three different rulings in three separate cases with one court ruling in favor of the plaintiffs, or officers; one court ruling in favor of the defendants, or employers; and one court calling it a draw.

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Tracy Manzer covers crime and court news for the Long Beach Press-Telegram.

E-mail Tracy at tracy.manzer@
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This page contains a single entry by Tracy Manzer published on April 20, 2009 5:57 PM.

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