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Flores v. City of San Gabriel: What Your Agency Needs to Know

County Personnel Administrators Association of California (CPAAC) Fall Conference | September 29, 2016
Presented by: Lisa S. Charbonneau

OTHER KEY ISSUES

Flores’ Third Holding: Willfulness 7

• FLSA violations have a two-year statute of limitations unless
the employer’s violation was “willful”.

• If willful, a three-year statute of limitations applies.
– We advise agencies to take and document specific FLSA
compliance efforts, such as reliance on DOL administrator
letters or advice from legal counsel, to avoid a finding of
willfulness.

• Violators can be penalized with liquidated damages.
– Liquidated damages = amount owed in back wages.

• Prevailing employees are also entitled to reasonable
attorney’s fees from the losing defendant.

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Status of Appeal Process

• The City filed a Petition for Rehearing en banc
with the Ninth Circuit in June 2016.

• The Ninth Circuit denied the Petition on August
23, 2016.

• The City will seek review by the U.S. Supreme
Court.

– The deadline is November 2016.

• What do you do in the meantime?

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