12064208.2 RI424-097
SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
This Settlement Agreement and Release of Claims (“Agreement”) is entered into by and between the City of Richmond (“City”) and the individuals listed in Exhibit A to this Agreement (collectively referred to as “Officers”). The City and Officers may be individually referred to herein as “Party” and collectively referred to as “Parties.”
RECITALS
A. Whereas, Officers are or were employed by the City and are or were members of the Richmond Police Officers Association (RPOA) between 2018 and the present; and B. Whereas, the City is subject to the Fair Labor Standards Act (FLSA), 29 U.S.C. section 201, et seq., and Officers are entitled to overtime pursuant to 29 U.S.C. section 207 of the FLSA; and
C. Whereas, pursuant to negotiated provisions of the Memorandum of Understanding (MOU) between the City and the RPOA, Officers have been entitled to holiday in lieu pay (“holiday in lieu”) of between fifty six (56) and one hundred and twelve (112) hours per year, paid in periodic installments; and
D. Whereas, in July 2020, the City began discussions with RPOA representatives regarding the possible effects of holiday-in-lieu pay on Officers’ overtime compensation (“Holiday in Lieu Practices”); and
E. Whereas, as part of this evaluation, the City conducted an audit of RPOA members’ holiday-in-lieu pay and overtime hours worked to calculate possible back pay owed to Officers under the FLSA and MOU due to the City’s Holiday in Lieu Practices; and
F. Whereas, the City disputes the application of the FLSA to the City’s Holiday-in- Lieu Practices and disputes the City owes Officers back overtime under any legal theory (“Bona Fide Dispute”); and
G. Whereas, the City has reviewed its overtime practices, and the Parties have engaged in arms-length settlement negotiations regarding Officers’ overtime claims in an attempt to resolve their differences and evaluate the data relevant to a settlement calculation; and
H. Whereas, throughout the Parties’ settlement negotiations, all Parties were and continue to be represented by counsel experienced in wage and hour and employment matters; and
I. Whereas, as part of the Parties’ settlement negotiations, the City agreed to incorporate its holiday-in-lieu benefit into its overtime calculation practices applicable to current employees effective the 28-day 207(k) work period that began May 15, 2022, using an agreed- upon method that meets the City’s minimum FLSA obligations; and
12064208.2 RI424-097
J. Whereas, based on the outcome of the City’s review and ongoing discussions with the RPOA, the Parties have agreed to address and settle any potential claims Officers may have arising from or related to the City’s Holiday-in-Lieu Practices; and
K. Whereas, the Parties wish to avoid the potential uncertainty, expense, and delay of litigation and have therefore, based upon their arms-length negotiations, agreed to a settlement of the Bona Fide Dispute; and
L. Whereas, the Parties’ settlement negotiations have involved reviewing calculation spreadsheets and sharing relevant payroll and timekeeping records showing how much compensation may be owed to each Officer due to the City’s Holiday-in-Lieu Practices; and
M. Whereas, the potential recovery at trial, if any, remains unknown, but the Parties believe that the terms of this Agreement are consistent with and within the range of a reasonable result that Employee might expect to obtain if they prevailed after a trial; and
N. Whereas, the City asserts that it has waived credits that it may take against any alleged liability for underpayment of wages as consideration for this agreement; and
O. Whereas, the Parties agree that the City’s calculation of back pay amounts owed is not a subversion of the FLSA, and is consistent with and within the range of a reasonable result that Employee might expect to obtain at trial; and
P. Whereas, the Parties desire a settlement that is full and complete, resolving all current and potential grievances, disputes, controversies, claims and possible actions between them arising out of this Bona Fide Dispute.
NOW THEREFORE, in consideration for the mutual promises and undertakings of the Parties as set forth below, the Parties enter into this Agreement and agree as follows:
TERMS
1. SETTLEMENT AMOUNT
If all conditions described in this Agreement are met, the City shall pay a total of up to $509,865.51 to Officers resolve this Bona Fide Dispute (“Settlement Amount”). The allocation of the Settlement Amount is set forth in Exhibit A. The Settlement Amount represents all agreed-upon consideration provided to Officers to resolve this Bona Fide Dispute, and represents all back wages, liquidated damages, interest, attorneys’ fees and costs, and any other relief Officers could recover arising from or relating to this Bona Fide Dispute, under any legal theory, under the maximum applicable statute of limitations.
\\
12064208.2 RI424-097
a. Delivery of Agreement
The RPOA agrees to deliver a copy of this Agreement and exhibits to all Officers via email, mail, or hand delivery within seven (7) days of the Effective Date of this Agreement. b. Current Employees
Officers who are current City employees must sign and return their Individual Signature Page, attached as Exhibit B to this Agreement, to the RPOA. No later than twenty-one (21) calendar days from the Effective Date of this Agreement, the RPOA shall provide the City with a copy of all signed Individual Signature Pages from current employees. The City will not issue any payment to any Officer until it has received a signed Individual Signature Page from every currently-employed Officer. If the City has timely received signed Individual Signature Pages from every current Officer, the City will issue payment to each currently-employed Officer no later than sixty (60) days from the Effective Date of this Agreement. c. Former Employees
Individuals who are former City employees must sign and return their Individual Signature Page, attached as Exhibit C to this Agreement, to the RPOA. No later than thirty (30) calendar days from the Effective Date of this Agreement, the RPOA shall provide the City with a copy of all signed Individual Signature Pages from former employees. No later than seventy (70) days from the Effective Date of this Agreement, the City will issue checks to each former employee who submitted a signed Individual Signature Page by sending such payment in check form to the RPOA. RPOA will be responsible for delivering the checks to former employees. RPOA agrees to indemnify the City in the event RPOA fails to deliver checks to former employees pursuant to this Agreement.
d. Tax Admonishment
The payments will be subject to tax withholdings as required by law. Officers acknowledge that the City has made no representations to them or their counsel regarding the tax consequences of any amounts received by them pursuant to this Agreement. Officers agree that the City is not responsible for any tax liability they may suffer.
2. RELEASE OF CLAIMS
Officers, and each of them, on behalf of themselves, their spouses, domestic partners, heirs, representatives (including the RPOA), successors and assigns, accept and agree to this settlement, and understand that Officers’ acceptance of and agreement to this settlement constitutes a full and complete settlement of all Officers’ FLSA, contractual, or other overtime claims and/or grievances relating to or arising from the City’s Holiday in Lieu Practices, in any venue, that may exist or have existed up to and including the Effective Date of this Agreement, including any and all claims for unpaid wages, liquidated damages, punitive damages, interest, and attorneys’ costs and fees, under the maximum statute of limitations. Officers hereby fully, finally and completely release, waive and discharge the City, and its officials, officers, agents, employees, representatives, attorneys, successors and assigns, from any further claims for back overtime wages or other damages arising from or relating the City’s alleged failure to pay all
12064208.2 RI424-097
overtime compensation required under the FLSA and the MOU from the City’s alleged failure to pay all overtime compensation due to the City’s Holiday in Lieu Practices, in any venue, occurring up to and including the Effective Date of this Agreement. The Parties understand that this release does not include claims relating to conduct or activity that occurs after the Effective Date of this Agreement. Officers reserve the right to pursue any claims they might have for events occurring after the Effective Date of this Agreement.
All Parties to this settlement understand that this release extends only to all grievances, disputes or claims of every nature and kind, known or unknown, suspected or unsuspected, arising from or attributable to claims related to or arising from the Bona Fide Dispute up to and including the Effective Date of this Agreement. The Parties understand that this release does not include claims relating to conduct or activity not relating to or arising from this Bona Fide Dispute or to any conduct or activity that occurs after the Effective Date of this Agreement. The Parties understand that this is a compromise settlement of disputed claims, and that nothing herein shall be deemed or construed at any time or for any purpose as an admission of the merits of any claim or defense.
Officers further acknowledge that any and all rights granted them under section 1542 of the California Civil Code are hereby expressly waived regarding Officers’ claims relating to or arising from the Bona Fide Dispute up to and including the Effective Date of this Agreement, but not as to other claims. Section 1542 of the California Civil Code provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.
3. KNOWLEDGE OF THE PARTIES
The Parties understand and agree to the settlement, this Agreement, and the terms and conditions contained in this Agreement, and enter into this Agreement knowingly and voluntarily. Officers have been advised that they have the right to seek legal advice with respect to this Agreement, including the release, and have had the opportunity to consult with counsel of their choice. The Parties have investigated the facts pertaining to the settlement and the Agreement and all matters pertaining to them as deemed necessary. The Parties have relied upon their judgment, belief, knowledge, understanding, and expertise after having been afforded the opportunity to consult with their counsel concerning the legal effect of the settlement and its terms. By signing this document and the Individual Signature Pages, the Parties signify their full understanding, agreement, and acceptance of the Agreement.
4. ENTIRE AGREEMENT
This Agreement, Exhibit A, and the Individual Signature Page forms for each Officer attached as Exhibit B and Exhibit C, constitute the entire agreement between the Parties
12064208.2 RI424-097
regarding this Bona Fide Dispute. No other promise or inducement has been offered for this Agreement. Any amendments to this Agreement must be in writing, signed by duly authorized representatives of the City and Officers, and must state that the Parties intend to amend the Agreement.
5. NO ADMISSION
Nothing in this Agreement constitutes or is intended to constitute any finding of fact, admission of liability, or assessment of liability of the Parties with respect to any claim that has been asserted or could be asserted.
6. DUTY TO ACT IN GOOD FAITH
The Parties shall act in good faith and use their reasonable good faith efforts after the execution of this Agreement to ensure that their respective obligations hereunder are fully and punctually performed. The Parties shall promptly perform any further acts and execute and deliver any other documents or instruments that may be reasonably necessary to carry out the provisions of this Agreement.
7. INTERPRETATION AND CONSTRUCTION
Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this document or the documents referred to herein, on the understanding that the Parties participated equally in the negotiation and preparation of the Agreement and the documents referred to herein, or have had equal opportunity to do so. The headings used herein are for reference only and shall not affect the construction of this Agreement.
8. BREACH, WAIVER AND AMENDMENT
No breach of this Agreement or of any provision herein can be waived except by an express written waiver executed by the Party waiving such breach. Waiver of any one breach shall not be deemed a waiver of any other breach of the same or other provisions of this Agreement. The Agreement may be amended, altered, modified, or otherwise changed in any respect only by a writing duly executed by the Parties hereto or their authorized representatives that specifically states it is a modification of this Agreement.
9. CONFIDENTIALITY AND DISCLOSURE OF TERMS
The Parties, and each of them, agree to maintain the confidentiality of the negotiations underlying this Agreement to the extent permitted by law, and agree that they shall not voluntarily or publicly discuss the negotiations that led to this Agreement. This provision shall not extend to any information relating to the negotiations of this Agreement that the City may be required to disclose pursuant to the requirements of the Ralph M. Brown Act, Government Code section 54950, et seq., the California Public Records Act, Government Code section 6250, et seq., or the provisions of any other law or regulation requiring disclosure of information by public entities.
12064208.2 RI424-097
10. MUTUAL DRAFTING
This Agreement shall be deemed to have been jointly drafted by the Parties and shall be governed by and construed in accordance with the laws of the State of California. Each Party shall bear the Party’s own associated costs of preparing this Agreement, including attorneys’ fees.
11. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of California, and if necessary federal law. To the extent that any Party brings an action to enforce the terms of this Agreement, such action shall be filed and prosecuted in the Superior Court for the County of Contra Costa or the United States District Court for the Northern District of California, to the extent of that Court’s jurisdiction.
12. EXECUTION
This Agreement, and any document referred to herein, may be executed in any number of counterparts, each of which may be deemed an original and all of which together shall constitute a single instrument.
13. AGREEMENT DOES NOT ESTABLISH PRECEDENT
The Parties agree that the terms of this Agreement will not establish any precedent, nor will this Agreement be used as a basis by the Parties or anyone else to seek or justify similar terms in any subsequent case.
14. EFFECTIVE DATE
This Agreement is conditioned upon City Council approval and shall become effective on the date of the last signature to this Agreement.
Dated: , 2023 CITY OF RICHMOND
By:
Shasa Curl, City Manager
THE SIGNATURES AND RELEASES OF EACH INDIVIDUAL OFFICER ARE
CONTAINED ON SEPARATE SIGNATURE PAGES ATTACHED AS EXHIBITS B AND C AND INCLUDED HEREIN BY THIS REFERENCE.
12064208.2 RI424-097
EXHIBIT A
CURRENT EMPLOYEES
Count Name Emp #
Total Wages
Owed
1 Alvarado, Alyssa 3901 8,008.66$
2 Bailey, Miles 1680 1,565.07$
3 Barragan, Esteban 558 5,307.04$
4 Bashan, Elizabeth 3035 6,648.61$
5 Branch, Robert 1990 1,741.81$
6 Caine, Alexander 2671 7,061.84$
7 Campos, Daniel 2191 562.23$
8 Canada, Bryant 4562 50.00$
9 Canelo, Mauricio 1454 4,427.14$
10 Castillo, Enrique 4563 50.00$
11 Castillo, Miguel 1805 7,841.77$
12 Caston, Lacquanna 2138 4,216.89$
13 Charles, Jarred 3996 1,521.43$
14 Church, Justin 3601 8,422.33$
15 Clark, Joshua 2490 695.52$
16 Cooper, Pablo 1876 671.93$
17 Cubit, Katie 3073 5,207.61$
18 Dean, Carl 2869 1,862.28$
19 Decious, Donovan 1821 17,768.20$
20 Deorian, Joseph 1765 1,014.95$
21 Domenici, Andrew 1408 2,230.24$
22 Ecker, John 3572 684.84$
23 Ellison, Sarita 3607 2,960.58$
24 England, Joseph 3609 7,597.51$
25 Evans, Danielle 2114 990.29$
26 Farr, Mariah 4321 873.96$
27 Finley, Khala 3471 422.08$
28 Fuller, Chais 3842 4,119.90$
29 Galloway, Alex 3725 3,956.86$
30 Garbarini, Joseph 3640 159.19$
31 Grivetti-Moore, Joanna 1334 3,174.41$
32 Guzman, Jaime 3641 932.61$
33 Guzman-Ibarra, Orlando 3180 4,805.58$
34 Hodges, Brandon 3218 8,737.39$
35 Hoffman, Brian 2812 6,828.04$
36 Ignont, Andrew 4178 223.92$
37 Johnson, Orlando 1558 756.55$
38 Joseph, Leah 1839 76.05$
39 Kaiser, Todd 2187 916.75$
40 Katz, Ethan 3766 3,432.14$
41 Lal, Rajan 3879 1,946.94$
42 Lemus, Kevin 3931 3,862.98$
43 Lewis, Gary 1607 366.32$
44 Llamas, Christopher 1453 12,937.26$
45 Lopez, John 1360 2,830.54$
46 Loucas, Ernest 2010 7,992.16$
47 Macgregor, Christopher 4296 498.50$
48 Mallari, Jason 4297 384.17$
CURRENT EMPLOYEES
Count Name Emp #
Total Wages
Owed
49 Marecek, Karel 3861 7,156.39$
50 Martin, Peter 1902 1,792.52$
51 Mckinney, Johnathen 3519 1,835.82$
52 Meadors, Jamal 4248 1,193.60$
53 Melgoza, Enrik 3457 7,140.37$
54 Mollenbernd, Tracy 659 1,980.02$
55 Moody, James 2614 8,037.90$
56 Moreno, Armando 663 843.73$
57 Moschetti, Vanessa 3743 50.00$
58 Munguia, Ruben 3072 1,870.60$
59 Nelson, Walton 2076 906.63$
60 Nguyen, Khoa 3051 4,684.31$
61 Nurko, Amela 3723 2,832.92$
62 Oliver, Erik 2701 1,401.25$
63 Pagaling, Michael 3470 2,756.09$
64 Patchin, Donald 3598 3,133.73$
65 Peterson, Thomas 2258 9,552.70$
66 Platzner, Jonathan 3236 2,659.79$
67 Pomeroy, Aaron 682 4,804.65$
68 President, Andrea 3720 128.75$
69 Purcell, Stephen 1606 4,370.87$
70 Ramos, Richard 3432 7,396.10$
71 Reina, Daniel 1909 7,597.52$
72 Ricchiuto, Michael 2928 691.27$
73 Rivera, Florencio 2674 4,313.28$
74 Roderick, William 1854 2,734.41$
75 Sagan, Michael 3574 4,413.29$
76 Salala, Jose 4295 237.41$
77 Sanchez, Daniel 692 2,959.88$
78 Santiago, Riley 3771 321.69$
79 Sequeira, Michelle 3965 595.25$
80 Shanks, Kelsey 3945 1,209.11$
81 Simmons, Timothy 2483 1,828.76$
82 Smith, Eric W 700 4,509.11$
83 Sousa, Jesse 3077 1,749.52$
84 Stewart, Savannah 2870 1,273.16$
85 Stonebraker, Matthew 1940 6,842.72$
86 Tagorda, Cedric 2188 498.60$
87 Temple, John 3744 1,120.75$
88 Terrell, Jameiz 3576 6,050.79$
89 Therriault, Benjamin 2432 5,215.47$
90 Thomas, Terry 3458 7,241.03$
91 Tong, Kristopher 2816 5,827.49$
92 Tran, Tom 4222 284.58$
93 Whitson, Jeffrey 1879 184.45$
94 Woody, Alayana 4136 840.89$
95 Zeidan, Bashar 1850 15,018.82$
329,431.06$
FORMER EMPLOYEES
Count Name Emp #
Total Wages
Owed
1 Abetkov, Nicole 758 31.45$
2 Agustin, Archer 3242 720.29$
3 Aiavao, Robert 2485 83.98$
4 Alexander-Smith, Denise 3514 2,110.11$
5 Anderson, Matthew 2115 8,803.80$
6 Barbara, Andrew 2352 774.13$
7 Bartley, Alexis 3280 1,205.77$
8 Bermudez, Devin 3883 1,604.49$
9 Bradley, Taft 3885 332.91$
10 Brown, Michael 2496 5,772.42$
11 Bruce, John 569 9,177.95$
12 Calderan, Cliff 2110 1,943.59$
13 Chou, Peggy 3472 371.56$
14 Cortez, Jennifer 3034 4,885.18$
15 Cortez, Sergio 3959 66.06$
16 Dandridge, Angelique 3745 888.20$
17 Decious, Christopher 589 9,639.22$
18 Diaz, Anthony 2354 2,017.89$
19 Ellis, Terry 598 162.86$
20 Ferraro, Kenneth 3597 388.81$
21 Fonseca, Andrew 1993 941.81$
22 Frevele, Douglas 4065 1,272.53$
23 Gard, Timothy 608 8,579.00$
24 Gault, Douglas 2698 1,926.19$
25 Gray, Timothy 613 1,594.38$
26 Hall, Mark 1355 1,176.75$
27 Jackson, Delon 631 1,128.01$
28 Jackson, Terrance 1567 406.80$
29 Johanson, Stina 1731 2,291.31$
30 Khalfan, Ahmed 3602 3,089.39$
31 Lal, Shaan 4294 19.53$
32 Lande, Brian 3573 704.89$
33 Lonso, Nathan 1857 10,987.64$
34 Macrenato, Byron 2227 164.01$
35 Mandell, Aaron 647 4,422.28$
36 Marson, Nicholas 3618 1,027.16$
37 Martinez, Vincent 3764 6,945.20$
38 Martinez, Yesenia 1395 2,556.62$
39 Marweg, Bradley 2875 567.69$
40 Matsui, Lane 3298 1,133.06$
41 Mcdonell, Christopher 4030 2,847.39$
FORMER EMPLOYEES
Count Name Emp #
Total Wages
Owed
42 Mendler, Benjamin 2735 936.23$
43 Meyer, Matthew 3534 422.21$
44 Middleton, Ramon 655 5,048.22$
45 Moczulski, Eric 2873 143.31$
46 Odegaard, Jeremy 2484 2,739.52$
47 Palma, Kristian 1929 6,386.72$
48 Pann, Ryan 4223 193.32$
49 Parker, Lynette 1699 487.28$
50 Parker, Timmy 4093 13.98$
51 Radetich, Sean 2814 351.10$
52 Reid, Ian 2225 1,176.69$
53 Riley, Dedrick 1587 12,829.96$
54 Rood, Michael 688 1,087.68$
55 Ruffin, Brandon 3078 651.11$
56 Russell, Eddie 689 179.25$
57 Santana, Carmen 3074 353.29$
58 Schlemmer, Joseph 1613 571.07$
59 Shanks, Mark 2113 732.84$
60 Shiraishi-Cang, Ann 3237 7,335.96$
61 Smith, Eric L 4230 977.26$
62 Tan, Felix 709 2,987.02$
63 Thomas, Virgil 710 3,901.86$
64 Tirona, Louie 714 119.84$
65 Tyner, Jeffrey 717 2,108.17$
66 Vallerga, Michael 2189 2,616.96$
67 Vanlue, Aaron 4229 115.37$
68 Vigil, Joseph 2672 777.34$
69 Villalobos, Jose 2700 4,078.74$
70 Wagnon, Benjamin 4015 26.28$
71 Walker, Jovan 3052 6,605.79$
72 Wentz, Jason 2872 8,829.72$
73 Wright, Robert 3862 888.05$
180,434.45$
12064208.2 RI424-097
EXHIBIT B
12064208.2 RI424-097
SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
INDIVIDUAL SIGNATURE PAGE
I, the undersigned, am currently employed by the City of Richmond. I hereby acknowledge that I understand and agree to the terms and conditions contained in this Settlement Agreement and Release of Claims (Settlement Agreement), as set forth in the above seven (7) pages, and Exhibit A.
I understand that the Richmond Police Officers Association (RPOA) and its attorneys, Rains Lucia Stern St. Phalle & Silver, PC, have negotiated settlement with the City to resolve my claim in this dispute. I have reviewed the individual settlement payment amount that I will receive as set forth in Exhibit A to the Settlement Agreement and Release of Claims and understand that my individual settlement payment amount is part of the City’s total payment of $509,865.51. I further understand that the settlement payment to me constitutes a full and complete settlement of all my claims against the City under the Fair Labor Standards Act (“FLSA”) and the Memorandum of Understanding (“MOU”) between the City and the RPOA arising from or relating to possible overtime compensation owed due to the holiday-in-lieu payments I have received from the City. My acceptance of my individual settlement payment means I have given up any right I may have to bring suit or other legal challenge under the FLSA, the MOU, or any other legal theory, for back overtime wages, liquidated damages, or attorneys’ fees and costs arising from or relating to the holiday in lieu payments I have received from the City.
I understand that my individual settlement payment amount will be reduced by state and federal taxes and/or other lawful withholding, if any.
I accept this settlement and settlement payment as fair and reasonable. Having been afforded the opportunity to consult with counsel, I voluntarily enter into this Settlement Agreement and hereby completely release the City as stated in this Settlement Agreement up to the Effective Date of this Agreement.
I certify under penalty of perjury that the foregoing is true and correct.
Signature: ______________________________________________________
Print Name: _______________________________________________________
Dated: _____________________________
12064208.2 RI424-097
EXHIBIT C
12064208.2 RI424-097
SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
INDIVIDUAL SIGNATURE PAGE
I, the undersigned, am a former employee of the City of Richmond. I hereby acknowledge that I understand and agree to the terms and conditions contained in this Settlement Agreement and Release of Claims (Settlement Agreement), as set forth in the above seven (7) pages, and Exhibit A.
I understand that Richmond Police Officers Association (RPOA) and its attorneys, Rains Lucia Stern St. Phalle & Silver, PC, have negotiated settlement with the City to resolve my claim in this dispute. I have reviewed the individual settlement payment amount that I will receive as set forth in Exhibit A to the Settlement Agreement and Release of Claims and understand that my individual settlement payment amount is part of the City’s total payment of $509,865.51. I further understand that the settlement payment to me constitutes a full and complete settlement of all my claims against the City under the Fair Labor Standards Act (“FLSA”) and the Memorandum of Understanding (“MOU”) between the City and the RPOA arising from or relating to possible overtime compensation owed due to the holiday-in-lieu payments I have received from the City. My acceptance of my individual settlement payment means I have given up any right I may have to bring suit or other legal challenge under the FLSA, the MOU, or any other legal theory, for back overtime wages, liquidated damages, or attorneys’ fees and costs arising from or relating to the holiday in lieu payments I have received from the City.
I understand that my individual settlement payment amount will be reduced by state and federal taxes and/or other lawful withholding, if any.
I accept this settlement and settlement payment as fair and reasonable. Having been afforded the opportunity to consult with counsel, I voluntarily enter into this Settlement Agreement and hereby completely release the City as stated in this Settlement Agreement up to the Effective Date of this Agreement.
I understand that I should direct any questions about my settlement payment to the RPOA and/or its attorneys, Rains Lucia Stern St. Phalle & Silver, not the City.
I certify under penalty of perjury that the foregoing is true and correct.
Signature: _______________________________________________________
Print Name: _______________________________________________________
Dated: _____________________________
Mailing Address: _________________________________________________________________ Street Address City, State Zip Code