United States Ninth Circuit

Judgment in favor of plaintiff-police officer who claimed the defendant's police department fired him in retaliation for testifying in a Fair Labor Standards Act (FLSA) lawsuit brought by another officer, is affirmed, where: 1) plaintiff's FLSA retaliation claim was not precluded by the police department's Board of Rights' recommendation that he be terminated for insubordination in not claiming overtime when he worked through lunch; 2) the district court did not err in declining to give two special jury instructions, and special verdict questions tied to those instructions, stating that an employee who engages in protected activity is not insulated from adverse action for violating workplace rules; 3) the evidence did not support the "same decision" defense; and 4) the district court did not abuse its discretion in awarding attorney's fees and liquidated damages.

Appellate Information

• Decided 07/10/2014
• Published 07/10/2014

Judges

• HURWITZ

Court

• United States Ninth Circuit

Counsel