fopalc.com
Date July 7, 2004
From Bob Yen
Subject:  YPKF wins Yuma overtime case
 

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Victory in the Arizona Supreme Court for the Arizona Labor Council. YPKF wins Yuma overtime case potentially worth $28 million.

by Bob Yen

You may recall that several years ago the ALC filed suit against Yuma County on behalf of all law enforcement and corrections officers to whom the county had denied overtime for hours in excess of 40 per workweek.  The Yuma County Superior Court adopted the reasoning of the county that it had no overtime obligations unless a law enforcement officer worked more than 170 hours in a 28-day pay cycle.  We believed that decision was wrong, and could have an adverse effect on county officers throughout the state.  We therefore filed an appeal to the Arizona Court of Appeals.  The Court of Appeals agreed with our arguments and reversed the trial court.  Yuma County then filed a petition for special action in the Arizona Supreme Court asking that the Court decide this issue once and for all.  It did.  Today, (Nov. 1, 2002) we received an order from the Arizona Supreme Court dated October 31, 2002 in the Pijanowski et al v. Yuma County, et al, lawsuit.  It reads:

Greetings

The following action was taken by the Supreme Court of the State of Arizona on October 29, 2002, in regard to the above-referenced cause:

ORDERED:  Petition for Review  = DENIED

By denying the County’s petition, the Supreme Court has issued the final word:  County Law Enforcement officers are entitled to overtime pay at time and one-half for all hours worked in excess of 40 hours in any work week.  We will now begin the process of trying to reach agreement with the County as to the amount of back pay it owes to each of the approximate 260 potential, qualifying officers for the past approximate 6 years.  It’s a lot of money!  Additionally, under the Arizona Wage Statute, an employer may be required to pay treble damages if it fails to pay wages (including overtime) as and when due.

On behalf of all of us at YEN PILCH & KOMADINA, P.C., congratulations to all law enforcement officers, but most of all to the members in Yuma County on behalf of whom this fight has been and continues to be fought.  I hope you're all real happy, ‘cause I sure am!!!!!

NOTE:

Although the financial settlement is still pending, here are the potential numbers:
260 ofcs(78 months of back pay)(20 hrs/month)($23/hr of overtime pay)(3 for treble damages) = $27,986,400.00.
Yen, Pilch, Komadina & Flemming P.C. is still working out the details of the award that each officer will receive.  

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For more information or elaboration, please do not hesitate to contact Bill Everson, President FOPALC, via e-mail.
©2004 Fraternal Order of Police/Arizona Labor Council