Overtime pay raised eyebrows 14 years ago for some
By Dan McKay
Albuquerque Journal
Copyright 2007 Albuquerque Journal
ALBUQUERQUE, N.M. — Fire Lt. Patrick Chavez suspected something was wrong with his paycheck back in 1993.
Fourteen years later, he’s a little closer to getting some answers.
A federal court ruling issued Friday said the city of Albuquerque incorrectly determined how to pay overtime to employees covered by union contracts.
Chavez is the lead plaintiff in the case, which involves more than 700 employees.
The court opinion, however, left some aspects of the Chavez suit undecided, meaning it will go to trial next month.
“It’s a load off,” Chavez told reporters Monday, but “it’s still a fight until it’s over and done.”
Sam Bregman, an attorney for Chavez and other plaintiffs, said the court decision could ultimately cost the city millions in back wages or damages.
The city remains unconvinced.
“It’s not clear yet what liability, if any, will result to the city as a result of the judge’s opinion at this point,” Assistant City Attorney Michael I. Garcia said.
The uncertainty comes from the complexity of the 47-page court order, and the outcome of the parts of the litigation that will go to trial.
“The city goes to great lengths to make sure its employees get paid properly,” Garcia said.
Much of the case centers on how to calculate overtime pay. One issue is how to account for extra pay that employees get for longevity and being bilingual.
Bregman and Paul Livingston, also an attorney for the plaintiffs, said employees in the case come from every city department, including police, transit and solid waste.
Chavez works in the 911 dispatch center and is a paramedic.
He said that in 1993, he and some other employees started to suspect they weren’t getting paid correctly for overtime. But city officials assured them everything was OK, Chavez said.
The employees finally filed suit in 2002 when they were sure something was wrong, he said.
“You don’t want to cry wolf unless you know one’s there,” Chavez said.
Bregman said city officials are “out of touch” if they think they don’t have liability under the judge’s recent opinion.
“We feel very confident,” he said.
The case is before U.S. District Judge Judith Herrera.