Richmond city leaders move forward to settle overtime lawsuit

Posted at 10:34 PM, Jun 06, 2012
and last updated 2012-06-07 07:02:51-04

RICHMOND, Va (WTVR)- "I'm glad to see that this thing is moving forward."

Richmond City Council member Bruce Tyler is giving his two cents over a proposed settlement of a $38 million lawsuit against the city.

"38 million dollars will ultimately have to be brought forth by the taxpayers hard-earned cash being given to the city,” said 1st District City Councilman Bruce Tyler.

CBS 6 obtained an email Wednesday asking Tyler and the eight other Council members to sign off on a resolution moving the process forward.

Last September, 500 retired and active Richmond police officers filed a class-action lawsuit, claiming they were shortchanged in their pay checks.

According to the suit, the officers were working more than their required hours and not getting paid time and half.

Under federal law, officers cannot work more than 171 hours in a four-week period. But state law says officers working a 40-hour week must be paid overtime after reaching 160 hours.

Attorneys for the city tried to get the lawsuit thrown out in March, saying federal law supersedes the state statue, but a federal judge denied the motion.

The judge's decision moves the case closer to a trial date set for June 11. But if the city can come up with enough cash to satisfy those officers, that may not happen.

"Obviously, if a settlement is going to be made, it's going to be less than the 38 million dollar exposure,” said Tyler. And for that, I'm thankful."

CBS 6 spoke with several City Council members who say they plan to co-patron the Mayor’s resolution.

Once a settlement amount is reached, the Mayor would have to introduce a budget amendment and City Council members would then have to approve it.


Judge tosses city’s request to dismiss police overtime suit