R-120-21 To Amend the Budget for Fiscal Year Commencing July 1, 2021 and Ending June 30, 2022 in the Amount of $1,711,652.37 For Fair Labor Standard ACT FLSA Settlement Agreements

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w8ip EnWope ID: ]C3]88FA-0E924972-06,11-314801 I C7BE3 be included in employees' regular rate of pay, and thus in the calculation of the overtime rate, unless the cafeteria benefits plan is a "bona fide plan" under the provisions of the FLSA. PLAtNITFFS' complaint further alleged CITY failed to include additional incentive payments, including Bilingual Full Time pay, Bilingual Full Time PD/Fire pay, Fire Paramedic Incentive, Fire Battalion Chief Advance Certificate, Fire Battalion Chief Intermediate Certificate, Fire Captain Advance Certificate, Fire Captain Intermediate Certificate, Fire Engineer Advance Certificate, Fire Engineer Intermediate Certificate, Firefighter Advance Certificate, Firefighter Intermediate Certificate, Fire Marshall Advance Certificate, Fire Marshal Intermediate Certificate, and Fire Captain Training Bonus in the calculation of the regular rate of pay for purposes of calculating overtime compensation under the FLSA, and failed to pay cashed out compensatory time off ("CTO") at the regular rate of pay ("FLSA Claims') Multiple employees have filed consents to join the ACTION. A list of all PLAINTIFFS and their individual damages is attached hereto as Exhibit A and incorporated herein by this reference. All the PLAINTIFFS are or were employed by CITY during the operative period of the ACTION. The PLAINTIFFS allege they are entitled to recover unpaid overtime and unpaid CTO cash outs from September 22, 2016 to the present, plus liquidated damages in an equal amount, and attorney fees and costs. B. CITY timely answered the complaint and raised multiple affirmative defenses. C. In an effort to resolve the issues raised in the ACTION, the PARTIES have engaged in extensive negotiations regarding these matters. CITY disputes all the PLAINTIFFS' allegations that they are owed additional unpaid wages. Throughout these negotiations, the PARTIES were and continue to be represented by counsel experienced in wage and hour, employment and labor matters. D. The PARTIES wish to avoid the potential uncertainty, expense, and delay of litigation and have therefore, based on their extensive negotiations, mutually agreed to a settlement of their disputes. The PARTIES understand the potential recovery at trial remains unknown, but the PARTIES believe the terms of this AGREEMENT are consistent with and within the range of a reasonable result the PLAINTIFFS might expect to obtain after a trial if they were to prevail on their assertions that they are owed unpaid overtime based on the FLORES DECISION, and taking into account significant potential setoffs available to CITY based on its past overtime payments in excess of FLSA requirements. E. The PARTIES now desire to resolve all of the outstanding issues in the above - described lawsuit, and to that end, enter into this AGREEMENT. NOW THEREFORE, the PARTIES hereto agree, warrant, and represent as follows: TERMS 1. Resolution of Claims. The following provisions address the claims raised by the PLAINTIFFS in the ACTION arising in the past, up to and including the effective date of this AGREEMENT: a. The CITY has allocated a Total Settlement Amount of $1,106,820.03 ("TOTAL SETTLEMENT AMOUNT"). From this TOTAL SETTLEMENT AMOUNT, CITY