Avila v. LAPD

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Plaintiff, a police officer, filed suit against the City and the LAPD alleging that he was fired in retaliation for testifying, in violation of the Fair Labor Standards Act (FLSA), 29 U.S.C. 215(a)(3). Plaintiff claimed that the real reason he was fired was not because he worked through lunch without requesting overtime, but rather because he testified in a lawsuit brought by a fellow officer. On appeal, the City and the LAPD contend that the jury was not correctly instructed. The court concluded that the Board of Rights recommendation that plaintiff's employment be terminated did not preclude his FLSA retaliation claim. On the merits, the court concluded that the district court did not commit reversible error in declining to give the jury two requested special instructions and to submit several proposed special verdict questions tied to those instructions. The district court did not abuse its discretion in awarding attorney's fees and liquidated damages. Accordingly, the court affirmed the judgment of the district court. View " Avila v. LAPD" on Justia Law