FLSA/Incentive Pay Overtime Law Suit #NOPD #FOP #FOPNO


UPDATE:  The deadline to opt-in to the lawsuit has been extended to June 30, 2014.

As you may have heard, attorneys for the Crescent City Lodge of the Fraternal Order of Police (FOP) have entered into a settlement agreement with the City of New Orleans in a federal law suit concerning the Fair Labor Standards Act (FLSA) and incentive overtime.  If you were an employee of the New Orleans Police Department on or after May 10, 2009, you may be eligible to collect back pay.

In short, the City of New Orleans is required by the FLSA to include any incentive pay in the calculation of overtime rates.  They have not been doing that.  If you receive incentive pay and earned any overtime in calendar years 2012 and 2013, you are due some back pay.  The categories of incentive pay at issue are limited to the following (one or more):

  • Educational Incentive Pay (pay for advanced degrees)
  • Field Training Officers
  • Bomb Squad
  • Marine Unit
  • K-9
  • Motorcycle
  • Tactical
  • Mounted

Because this is an FLSA matter, you must OPT IN in order to be considered eligible for any back pay.  In order to OPT IN, you must complete the form entitled “Consent to Become Party Plaintiff Form” and return the completed form to Claude Schlesinger or Ted Alpaugh.

Once completed, the form can be sent by mail to:

NOPD Overtime Action, Guste Barnett, Schlesinger, Henderson & Alpaugh LLP, 639 Loyola Ave., Ste. 2500, New Orleans, LA 70113

It can be emailed to nopdovertime@gustebarnett.com

It can be faxed to 504-561-0326.


You can get the Notice of Fair Labor Standards Act Overtime Action here.

You can get the Consent to Become Party Plaintiff Form here.

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