Last Updated:

May 25, 2009

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Albuquerque, New Mexico

 

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Merit System Ordinance

Labor-Management Ordinance

 

Patrick Chavez, et al., v. City of Albuquerque

City Employees' Overtime Pay (FLSA) Lawsuit

 

Case Description Patrick Chavez, et al., v. City of Albuquerque - Case No. CIV-02-562 JH/ACT

This case was filed in May, 2002, 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.  In this case, the Plaintiffs claim they are entitled to overtime wages owed by City due to the City's failure to properly calculate overtime pay:  1) failure to include bonuses, longevity, differentials, etc. in "regular rate of pay;" 2) failure to comply with Collective Bargaining Agreements and incorrect deductions for holiday, illness, and other leave time; and 3) incorrect calculation, i.e., dividing and multiplying by the wrong numbers. 


Attorneys

Plaintiffs' Attorneys:

Paul Livingston
P.O. Box 250
Placitas, NM 87043
(505) 771-4000
paul@nmtu.com

Sam Bregman
111 Lomas Blvd, NE
Albuquerque, NM 87103
(505) 261-5700
blf@bregmanlawfirm.com

City's Attorneys:

Michael I. Garcia, Assistant City Attorney
Ed Bergmann (Seyfarth Law Firm)
Jerry A. Walz, Esq.


 

 

Pleadings

Second Amended Complaint

City's Answer to 2nd Amended Complaint


  Opinions and Orders Order Granting & Denying Conditional Class Certification

Order Partially Granting Motion to Amend


  Class Notice Court-Approved Class Notice

Consent to be Represented (Opt in) Form

To be in this case, please download and print the consent form and send it to:

paul@nmtu.com or blf@bregmanlawfirm.com