Gordon

Gordon v. City of Oakland

Good Law
627 F.3d 1092·2010 WL 4673695·16 Wage & Hour Cas.2d (BNA) 1633·2010 U.S. App. LEXIS 23803
United States Court of Appeals for the Ninth CircuitNovember 19, 201009-16167California1,912 words

Opinion

Opinion

Hug, J.

This case concerns the City of Oakland’s (“City”) policy requiring police officers to repay a portion of their training costs if they voluntarily leave the City’s employment before completing five years of service. Plaintiff-appellant Courtney Gordon was a police officer for the City who left her position after less than two years. She alleges that the City violated the minimum wage provisions of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201 , et seq., by requiring her to reimburse it for part of her training costs. The district court dismissed Gordon’s complaint for failure to state a claim. Gordon appeals the district court’s partial denial of her motion for leave to file her Proposed First Amended Complaint. The issue in this case is whether Gordon’s Proposed First Amended Compliant states a cognizable claim under the minimum wage provisions of the FLSA. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I. BACKGROUND

The facts here are taken from Gordon’s Proposed First Amended Complaint and the attachments thereto. Since the late 1990s, the City and the collective bargaining unit for City police officers, the Oakland Police Officers’…

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