Lemmon

Lemmon v. City of San Leandro

Caution
538 F. Supp. 2d 1200·2007 WL 4326743·14 Wage & Hour Cas.2d (BNA) 271·2007 U.S. Dist. LEXIS 90278
United States District Court, Northern District of CaliforniaDecember 7, 2007C 06-07107 MHPCalifornia4,737 words

Opinion

Opinion

Patel, J.

MEMORANDUM & ORDER

Plaintiff Greg Lemmon and similarly situated San Leandro patrol police officers brought suit against the City of San Lean-dro on November 16, 2006. Plaintiff seeks an order holding that time spent donning and doffing his uniform and attendant equipment is compensable under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. section 201 et seq. Now before the court are parties’ cross-motions for partial summary judgment. The court has considered the parties’ arguments fully, and for the reasons set forth below, the court rules as follows.

BACKGROUND.

There are 54 sworn patrol officers at the San Leandro Police Department (“SLPD”). Supp. Willis Dec., ¶ 6. Patrol officers at the SLPD are required to report to duty properly uniformed and equipped for a shift that could last from eight to twelve hours. Id., ¶¶ 15, 21 . In addition, the officers must maintain their uniform and equipment in good order. See George Dec., Exh. H at 31, Exh. J.

Patrol officers are required to wear a “Class B” uniform and attendant equipment while on duty. Attarian Dec., ¶ 6. The required portions of this uniform are: undershirt or turtleneck, uniform shirt, uniform shoulder patch, badge,…

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