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Last Updated: May 25, 2009 |
ABQGOV.COM |
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Dean Karch v. City of Albuquerque |
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| Case Description |
DEAN KARCH vs. CITY OF ALBUQUERQUE - Class Action case (filed in 2005) filed by Management-Series (M-Series) employees for overtime wages due to misclassification of "non-exempt" employees as "exempt." This case is filed under the provisions of the Fair Labor Standards Act (FLSA), the law which provides federal minimum wages and guarantees non-exempt employees time and a half payment for overtime over 40 hours per week. The City has classified a substantial number of employees as "exempt" even though their job duties do not give them the control and discretion that are required by the law to properly be considered an "exempt" employee under the "executive" (or management) or "administrative" exemptions. The Plaintiffs asked the court to certify a class action. However, the Judge denied the motion, because there were too many different kinds of workers (i.e. Transit Supervisors, Corrections Supervisors, Golf Course Managers, etc.) to properly constitute a class action. At a Status Conference on October 31, 2006, Judge Armijo allowed an amendment naming the employees who had previously opted-in as plaintiffs. No further additions or amendments will be allowed |
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| Attorneys |
Plaintiffs' Attorneys: Paul Livingston, paul@nmtu.com (tel. 771-4000) and Shane Youtz shane@youtzvaldez.com City's Attorneys: Ed Bergmann (Seyfarth Law Firm) and Assistant City Attorney Paula I. Forney |
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IT IS ANTICIPATED THAT A NEW
OVERTIME LAWSUIT, TO INCLUDE THOSE WHO ARE NOT IN THE KARCH CASE, WILL
BE FILED SOON. FOR FURTHER INFORMATION, CONTACT PAUL LIVINGSTON AT
PAUL@NMTU.COM
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Pleadings |
Complaint (filed June 3, 2005) City's Answer (filed July 11, 2005) AMENDED COMPLAINT (filed November 3, 2006)
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| Motions |
Motion for Class Certification |
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| Opinions |
Opinion by Judge Armijo Denying Minority Plaintiffs' Motion to Amend Opinion by Judge Armijo Denying Majority Plaintiffs' Motion for Class Certification
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| Documents & References |
DOL Fair Pay Fact Sheet Administrative Employee Exemption Fact Sheet Executive (Management) Employee Exemption Fact Sheet Department of Labor Fact Sheet No. 17 |
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