NEWS

AFF PREVAILS IN COMPLEX RETALIATION LAWSUIT BROUGHT BY UNION OFFICIALS

By: Michael A. McGill    

     Attorneys Stuart Adams and Michael McGill recently combined efforts to successfully vindicate the First Amendment and union rights of three Board members for the Santee Firefighter’s Association, Local 4373.

 Fire Captains Jon Sengebusch, David Leask and Justin Matsushiata were all very active and vocal union members for the Firefighters’ Association.  The Captains served various official positions with the Association Board, including part of a labor relations committee.  Over the course of a couple of years, the Captains brought to light and blew the whistle on various safety concerns within the Department.  These concerns related to a number of failures by the Fire Chief, including his failure to implement basic safety recommendations of the Association following a series of preventable severe injuries by firefighters.  

 

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AFF WINS GROUNDBREAKING RULING ON OVERTIME PAY

     On May 22, 2015, a federal District Court ruled that the City of Sanger violated the federal Fair Labor Standards Act (FLSA) by failing to properly compute the overtime rate for its police officers.  The Court’s order is groundbreaking, as it expands the definition of what must be included in the overtime rate of pay.  It further means that the City must immediately recalculate the overtime rate of pay for every sworn peace officer employed by the City going back three years.  Attorney Michael McGill represented the Sanger POA and its members throughout the litigation, and is the first attorney in the state of California and the Ninth Circuit, to prevail on the issue presented.    

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