ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 26-____
Introduced by Council Member ______________________
RESOLUTION APPROVING AND RATIFYING THE SETTLEMENT AGREEMENT
AND GENERAL RELEASE OF ALL CLAIMS, AS AMENDED, RESOLVING GHALI ET AL. v. CITY OF HAYWARD, AND A SIDE LETTER OF AGREEMENT AMENDING
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
HAYWARD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1909, REGARDING THE CALCULATION OF OVERTIME
COMPENSATION
WHEREAS, current and former non-exempt employees commenced Ghali et al. v. City of Hayward, United States District Court for the Northern District of California, Case No. 4:25- cv-01116-YGR, asserting claims under the Fair Labor Standards Act concerning the City’s calculation of overtime compensation; and
WHEREAS, the City disputed the claims and denied that it violated the Fair Labor Standards Act; and
WHEREAS, following negotiations and mediation, the parties executed a Settlement Agreement and General Release of All Claims providing for a total City payment of $600,000 to resolve the asserted claims; and
WHEREAS, the parties subsequently executed an amendment correcting an individual damages allocation by reallocating $437.68 from attorneys’ fees to damages without changing the total settlement amount; and
WHEREAS, the settlement amount is budgeted in the Risk Management Fund and payments to employees are paid from the departm ent’s funds in the General Fund and, therefore, a transfer of funds from the Risk Management Fund to the General Fund is required; and
WHEREAS, on July 30, 2026, the United States District Court found the Settlement Agreement fair and reasonable, approved it in full, and entered final judgment; and
WHEREAS, representatives of the City and the International Association of Firefighters, Local 1909, met and conferred regarding the City’s overtime -calculation practices and executed a Side Letter of Agreement amending Section 4.02 of the parties’ Memorandum of Understanding; and
ATTACHMENT II
WHEREAS, the Side Letter establishes a prospective methodology for calculating overtime compensation for covered 56 -hour fire -suppression employees and became effective with the first full pay period following the court’s approval of the Settlement Agreement; and
WHEREAS, the City has implemented the revised overtime-calculation methodology, and the City Council now desires to formally approve and ratify the Settlement Agreement and amendment, the Overtime Side Letter, and their prior execution and implementation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward as follows:
The City Council hereby approves and ratifies the Settlement Agreement and General Release of All Claims in Ghali et al. v. City of Hayward , attached to the accompanying staff report as Attachment III, and the Amendment to Settlement Agreement, attached as Attachment IV.
The City Council hereby approves and ratifies the Side Letter of Agreement between the City of Hayward and the International Association of Firefighters, Local 1909, amending Section 4.02 of the parties’ Memorandum of Understanding regarding the calculatio n of overtime compensation, attached to the accompanying staff report as Attachment V.
The City Council hereby confirms and ratifies the prior execution and implementation of the Settlement Agreement, amendment, and Overtime Side Letter according to their terms.
The City Manager, or designee, is authorized to take any administrative actions and execute any documents necessary to complete and continue implementation of the agreements, consistent with their terms.
The City Manager, or designee, is authorized to transfer funds from the Risk Management Fund (Fund 710) to the General Fund (Fund 100) in an amount up to $435,437.68 and to increase revenue and appropriations in a corresponding amount.
This resolution shall become effective immediately upon its adoption.
ATTACHMENT II
IN COUNCIL, HAYWARD, CALIFORNIA, _______________________, 2026
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: _______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward