President's Message

Re: US DEPT OF LABOR WAGE AND HOUR LAWSUIT

October 24, 2022

Dear COBA Members/Retirees;

The US Dept of Labor has been conducting an investigation into overtime payment issues in the Sheriffs Department for the years 2018 through 2020.

We are aware that, at the request of the US Dept of Labor, the County sent to several hundred active and retired members a cover letter and an agreement concerning overtime claims for those years, (2018 to 2020).

We understand the County did this at the request of the Dept of Labor and included in that mailing a form agreement that the DOL uses regularly. In that form agreement it indicates that the County will pay you what appears to be a nominal amount, almost all below $300.00, in exchange for a waiver of some of your legal rights against the County. We sent this mailing to our labor counsel and attorneys handling our major class action FLSA litigation against the County, to ask their advice concerning this US DOL and County mailing.

They informed us that you have the right to sign the agreement and send it in, if that is what you want. However, you should know that the agreement you’d sign has language that can negatively impact the major class action FLSA litigation our union has against the County.

Specifically, the agreement indicates that for 2018 through 2020 you would waive any other overtime claims in exchange for that money. Again, the DOL created that document, but our attorneys believe the language in that agreement could be used to waive your right to continue your claim in the class action FLSA litigation we have against the County for those same years.

While it is your right to sign and return this agreement, our labor counsel and FLSA attorneys caution you that if you sign it, you could be waiving your claim in our much larger FLSA case. The amounts in the agreements in this letter appear to be nominal and low but would impact the potential for you to receive more money for those years in the much larger case we have against the County. Again, it is your choice to sign or not to sign. We want to ensure that you know your rights and what you are waiving if you do so.

Please contact us if you have any questions.  


Brian Sullivan, COBA President

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