Figueroa v. Dist. of Columbia
| Decision Date | 22 June 2012 |
| Docket Number | Civil Action No. 07–CV–1992 (BJR). |
| Citation | 869 F.Supp.2d 66 |
| Parties | Pablo FIGUEROA, et al., Plaintiffs, v. DISTRICT OF COLUMBIA, Defendant. |
| Court | U.S. District Court — District of Columbia |
OPINION TEXT STARTS HERE
John V. Berry, John Berry PLLC, Washington, DC, for Plaintiffs.
Ellen A. Efros, Jacques P. Lerner, Melvin W. Bolden, Jr., Office of the Attorney General, Washington, DC, for Defendant.
MEMORANDUM AND OPINION DENYING MOTION FOR JUDGMENT ON THE PLEADINGS, OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT
This matter is before the court on Defendant, the District of Columbia's (“the District”), Renewed Motion for Judgment on the Pleadings, or, in the Alternative, for Summary Judgment. (Dkt. No. 79.). Plaintiffs filed an Opposition to the Motion on June 25, 2011 (Dkt. No. 81), and the District filed a Reply on June 30, 2011 (Dkt. No. 82). Having considered the parties' arguments, pleadings, and relevant case law, the court finds and rules as follows.
This matter is on remand from the D.C. Circuit.1 Metropolitan Police Officers Pablo Figueroa, Michael J. Farish, Brian A. Murphy, Tyrone Dodson, Lance D. Harrison, Sr., Deryl M. Johnson, and Curtis R. Sloan (collectively “Plaintiffs”) brought this action against the Metropolitan Police Department (“MPD”) alleging that MPD failed to pay them basic and overtime compensation for fulfilling the job duties of the position of a detective sergeant. They allege that this nonpayment violated D.C.Code. § 5–543.02(c) and provisions of the Fair Labor Standards Act (“the FLSA”), 29 U.S.C. §§ 201 et seq.
Under District of Columbia law, any member of MPD “promoted ... to the rank of detective sergeant shall receive, in addition to his scheduled rate of basic compensation, $595 per annum.” D.C.Code § 5–543.02(c). On December 12, 2003, three of the Plaintiffs in this case filed a grievance through their union, the Fraternal Order of Police (the “Union”), alleging that they had fulfilled the duties of detective sergeant but had not received the additional $595 stipend. The Chief of Police denied the grievance, claiming that the position of detective sergeant at MPD has not existed for over twenty years.
In accordance with its collective bargaining agreement, the Union brought the matter to arbitration. On June 28, 2004, the arbitrator found that § 5–543.02(c) applied to the officers because they had performed the functions of a detective sergeant. (Dkt. No. 50, Def.'s Mot. for J. on Pleadings Ex. 3 at 7 (Op. & Award by Arbitrator).). The arbitrator rejected MPD's argument that the grievance was untimely, concluding that the officers had not previously “discovered” the D.C.Code provision, and, moreover, that their claim was for “an on-going violation.” Id. He then awarded the officers “the Status of Detective Sergeant” and “back pay of $595.00 per year.” Id. The arbitrator further held that the award “applie[d] to all similarly-situated employees as described in the grievance.” ( Id. at 8).
MPD requested review of the arbitration award by the District of Columbia Public Employee Relations Board (“PERB”). On September 30, 2005, the PERB ruled that the arbitrator acted “well within the ambit of his authority when he conclude[d] that the underlying grievance is timely” and that the award of back pay was neither improper under the collective bargaining agreement nor contrary to law and public policy. (Dkt. No. 50, Ex. 4 at 4–5 (Decision & Order of PERB).). MPD did not appeal the PERB ruling.
Following the PERB's ruling, MPD took steps to compensate retroactively those officers who had served as detective sergeants. Figueroa v. District of Columbia Metropolitan Police Dept., 633 F.3d 1129, 1131 (D.C.Cir.2011). In 2007, it amended the personnel forms of three of the Plaintiffs to show that they had served and continued to serve as detective sergeants, and it gave them lump sum payments of $595 per year for every year they were assigned to the position. Id. The Department eventually did the same for the fourth Plaintiff. (Dkt. No. 81 at 7, ¶ 16.). It did not, however, recalculate Plaintiffs' overtime pay based on the $595 stipend. Figueroa, 633 F.3d at 1131.
On November 5, 2007, the officers filed the present action against the District alleging violations of the FLSA. Plaintiffs alleged three violations: (1) willful failure to pay minimum wages in violation of § 206(b) (Count I); (2) untimely payment of wages in violation of § 206(b) (Count II); and (3) willful failure to pay overtime in violation of § 207(a) (Count III). Plaintiffs also alleged that MPD violated the detective sergeant provision of D.C.Code § 5–543.02 (Count IV). MPD moved for Judgment on the Pleadings, or, in the Alternative, Summary Judgment on February 24, 2009. (Dkt. No. 50.). The district court ruled in the District's favor, finding that the FLSA claims were barred by the statute of limitations.2Figueroa v. D.C. Metro. Police Dep't, 658 F.Supp.2d 148, 152, 154 (D.D.C.2009). The district court, sua sponte, also found that the arbitration proceedings disposed of Count IV as a matter of res judicata. Figueroa, 633 F.3d at 1131. Therefore, judgment was entered in favor of the District. Id.
On appeal, Plaintiffs challenged only one aspect of the district court's decision: its conclusion that the FLSA overtime claims were time-barred. Id. at 1132. The D.C. Circuit reversed the district court's finding on this issue, concluding that Plaintiffs may recover if their paychecks failed to include properly calculated overtime compensation during the two or three years before they filed their complaint—depending upon which statute of limitations provisionis applicable. Id. at 1135. As the district court did not determine the merits of Plaintiffs' claims, or which limitations period applies, the D.C. Circuit remanded the case for further proceedings consistent with its opinion. Id.
The parties dispute what issues are before this court on remand. Plaintiffs argue that the D.C. Circuit has reviewed, de novo, all of the legal arguments raised by both parties in this case. ( See Dkt. No. 78.). As such, Plaintiffs assert, the only issues remaining are: (1) a determination on the merits as to whether Plaintiffs' paychecks failed to include properly calculated overtime compensation during the time period between November 5, 2004 and present; (2) was MPD's failure to pay willful, a result of which, will determine which statute of limitations period applies; and (3) whether the court should use November 5, 2004 (or 2005) as the date for application of the limitation period.3Id. Plaintiffs request that the court either reconsider their Motion for Partial Summary Judgment (Dkt. No. 38) or move to trial on the merits of the remaining issues. ( See Dkt. No. 78 at 3.).4
In its current motion, the District argues that, first, if Plaintiffs are detective sergeants under D.C.Code § 5–543.02(a), then they fall within the executive exemption of the FLSA, or, alternatively, second, if Plaintiffs are not executive employees, they still cannot prevail because the $595 stipend is not part of basic compensation for purposes of overtime calculation under FLSA. ( See Dkt. No. 79 at 1–2.). Finally, the District agrees with Plaintiffs that if this court rules against it on the executive exemption issue and concludes that the $595 must be included in the FLSA overtime calculation, then the issue of willfulness must be addressed.
IV. DISCUSSIONA. Standard of Review
Under Rule 56, summary judgment is proper “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” 5SeeFed.R.Civ.P. 56(c). See also Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The mere existence of a factual dispute will not preclude summary judgment. Only factual disputes that may determine the outcome of a suit may effectively preclude the entry of summary judgment. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). To be a genuine fact, the assertion must be supported by sufficiently admissible evidence and cannot be based on conclusory allegations, denials or opinions. Crenshaw v. Georgetown University, 23 F.Supp.2d 11 (D.D.C.1998).B. Analysis
First, this court must address whether the District's renewed motion is properly before it. Plaintiffs challenge the District's right to renew its motion, arguing that the D.C. Circuit reviewed all of the legal arguments raised by both parties in this case, de novo, and determined that Plaintiffs could establish a claim for overtime compensation under the FLSA. (Dkt. No. 78 at 1; Dkt. No. 81 at 10.). They point out that the defenses to the FLSA overtime claim that the District is currently asserting are identical to those raised in its original motion. Therefore, Plaintiffs argue, in reversing the district court on the overtime claim, the D.C. Circuit necessarily rejected the District's defenses to the claim. As such, Plaintiffs maintain, the District is prohibited from rearguing those defenses now. (See Dkt. No. 81 at 10–11.).
Plaintiffs are incorrect. The only issue before the D.C. Circuit was whether Plaintiffs' FLSA overtime claim was time-barred. See Figueroa, 633 F.3d at 1132 (). As the Court stated: ...
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