Figueroa v. District of Columbia Metropolitan Police Department
394 U.S. App. D.C. 232
| D.C. Cir. | 2011Background
- MPD officers sue for unpaid overtime under FLSA and for DC detective sergeant stipend under DC Code §5-543.02(c).
- DC Code provides $595 annual stipend to detective sergeants; MPD allegedly did not include this in overtime calculations.
- Grievances were filed in December 2003; arbitrator awarded back pay and status of detective sergeant in June 2004; PERB denied MPD's challenge in September 2005.
- MPD retroactively reclassified three plaintiffs and paid lump-sum $595 per year but did not recalculate overtime; fourth plaintiff had not been reclassified.
- District court dismissed FLSA claims as time-barred and res judicata applied to DC Code claim; appeal challenged only the FLSA statute of limitations.
- Court must determine accrual and whether new causes of action accrue with each paycheck, potentially timing claims within the limitations period.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FLSA overtime claims accrue anew with each paycheck | Figueroa argues each underpaid paycheck created a new claim. | MPD contends accrual occurred before limitations period and precludes later claims. | Yes, accrual can occur per paycheck; remand for merits within proper window. |
| Whether claim accrual allowed for post-November 5, 2004 pay periods | Each paycheck after 11/5/04 may reopen timely claims. | Claims pre-11/5/04 barred; argues no new actions after that date. | Claims accruing after 11/5/04 may proceed; remand for merits. |
| Whether PERB/arbitration outcome was prerequisite to FLSA suit | Administrative ruling created right to the stipend triggering FLSA claims. | No prerequisite; FLSA accrual does not depend on administrative decision. | Not a prerequisite; FLSA accrual independent of PERB/arbitration result. |
| Whether overtime calculations should include the $595 stipend in the regular rate | Failure to include stipend deprived proper overtime calculation. | Stipend payment is not part of regular rate for overtime. | Remand to determine merits and proper accrual within applicable period. |
Key Cases Cited
- Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (Supreme Court 2007) (employee compensation claims accrue with each paycheck; discrimination context)
- Knight v. City of Columbus, 19 F.3d 579 (11th Cir. 1994) (new violations can occur with each unpaid overtime paycheck)
- Biggs v. Wilson, 1 F.3d 1537 (9th Cir. 1993) (FLSA continuing-payment theory; accrual per payday)
- Cook v. United States, 855 F.2d 848 (Fed. Cir. 1988) (no precondition in FLSA accrual like the firefighters study case)
- Beebe v. United States, 640 F.2d 1283 (Ct. Cl. 1981) (early authority on accrual when overtime unpaid)
- Alldread v. City of Grenada, 988 F.2d 1425 (5th Cir. 1993) (sleep time issue; single violation outside limitations; distinguishable)
- Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (Supreme Court 1946) (work performed but not compensated establishes recoverable overtime)