FLSA Collective Action: Newton v. Schwarzenegger

The CCPOA Legal Department represents three Correctional Officers who brought a lawsuit in Federal District Court for the Northern District of California claiming that California’s furloughing of correctional employees, while still requiring them to report to work, violates federal labor law.  The Federal Judge has now allowed these three Officers to be class representatives of all BU6 members who want to become members to the lawsuit.  The suit is different than a normal class action lawsuit because Correctional Officers who want to take part in it must opt-in and become a “consenter” to the lawsuit by filling out an opt-in/consent form.

On July 8, 2010, a letter was sent to all CCPOA members noticing them of the suit and their right to join and opt-in to the collective action.  Included with the letter were the following documents:

(1) Notice of the federal Fair Labor Standards Act (“FLSA”) lawsuit regarding furloughs filed against Governor Arnold Schwarzenegger, the California Department of Corrections and Rehabilitation (“CDCR”), the Department of Mental Health (“DMH”), and the State Controller;

(2) Opt-In Form you must use to become a “Consenter” to the action if you choose to participate in this lawsuit;

(3) Representation Agreement signed by three Correctional Officers who brought a lawsuit;

(4) Consent to Representation Agreement you must use for CCPOA to act on your behalf in this matter, should you chose to do so.

In order to be represented by CCPOA in this matter, you must first fill out and return to CCPOA at 755 Riverpoint Drive, West Sacramento, CA 95605, the attached Opt-In Form and Consent to Representation Agreement no later than September 22, 2010.  

The pleadings to the lawsuit are accessible BELOW. Should you have any questions regarding the lawsuit, please contact CCPOA by telephone at (916) 340-5033.

Newton v. Schwarzenegger: Case No. 3:09-cv-05887-VRW
United States District Court – Northern District California

(1)    Complaint
(2)    Answer by Defendant Administration
(3)    Answer by Defendant Controller
(4)    Plaintiffs’ Petition for Conditional Certification
(5)    Opposition to Conditional Certification by Defendant Administration
(6)    Plaintiffs’ Reply to Defendant’s Opposition to Conditional Certification
(7)    Court Order granting Plaintiffs’ Petition for Conditional Certification

• furloughs
• ccpoa