Retaliation Settlement of $3.2 Million Awarded to Fired Cop

A former police officer has settled with the Los Angeles Police Department (LAPD) for $3.2 million after being fired in apparent retaliation. According to the Daily News, Officer Richard Romney filed suit against the LAPD, alleging that he was forced out for testifying in another officer’s lawsuit about overtime violations by the department. After the testimony the Former LAPD Police Chief, William Bratton, overturned a one-day suspension recommendation, instead recommending that Romney be fired altogether. A jury recommended a $4 million settlement, but the two parties agreed on less.

Romney had testified that the department frequently forced officers to give up their 45-minute lunch break to answer 9-1-1 calls in South Los Angeles. Despite asking for overtime to make up for the lost break time, superiors ignored these requests because of a tight budget. The Office of Personnel Management (OPM) stipulates that unpaid meal periods must provide bona fide breaks in the workday. If an employee is not excused from job duties, or if he or she is recalled to job duties, the employee is entitled to pay for compensable work. The Fair Labor Standards Act (FLSA) was invoked in the original overtime lawsuit, as it sets federal minimums for minimum wage, overtime, and recordkeeping. 

There are also a multitude of laws that protect employees from retaliation after making reports on lawbreaking by an employer. The Occupational Safety and Health Act (OSH Act) protects workers against retaliation for “complaining to their employers, unions, the Occupational Safety and Health Administration (OSHA), or other government agencies about unsafe or unhealthful conditions in the workplace, environmental problems, certain public safety hazards, and certain violations of federal provisions concerning securities fraud, as well as for engaging in other related protected activities. Whistleblowers may not be transferred, denied a raise, have their hours reduced, or be fired or punished in any other way”. In addition, it is a violation of the FLSA to fire or in any other manner discriminate against an employee for filing a complaint or for participating in a legal proceeding under the Act.

Due to the complexity of dualistic labor law coverage which contains both federal and state-specific guidelines, many employees and employers do not know the appropriate compensation an employee is supposed to receive. If you believe that you are being unjustly compensated by an employer or were discriminated against for raising concerns regarding labor laws, contact a knowledgeable FLSA lawyer to see if it is possible to pursue legal recourse. You may be entitled to back pay for unpaid overtime, under-payment, or may be able to enter a lawsuit alleging retaliatory discrimination against your employer or former employer.