Ackler

I concur in the portion of the memorandum disposition which affirms the computation of the overtime award at 50% of straight time pay. I also concur in the determination that the district court did not abuse its discretion regarding the reasonableness of the attorneys’ fees and properly applied Rule 68 of the Federal Rules of Civil Procedure regarding the effect of the settlement offer on the fee.

Regarding liquidated damages, the good faith of the employer is adequately supported by the record, and the district judge’s determination that the employer acted in good faith cannot seriously be questioned. 1 The employer’s “honest in *546 tention” to comply with the law is shown by its immediate recalculation and issuance of checks as soon as it received a complaint and determined that the employees were entitled to the additional money. 2 Appellants argue otherwise, but they neither claim nor demonstrate that the judge’s findings of fact were clearly erroneous, and we are bound by those findings of fact.

Nevertheless, the statutory requirement that the employer “had reasonable grounds” for believing that it was in compliance with the FLSA is the hard part of the liquidated damages…

MEMORANDUM *

The District Court awarded overtime to 31 deputy sheriffs working for Cowlitz County, Washington. The sheriffs appeal the court’s denial of liquidated damages, refusal to apply a three-year statute of limitations, computation of overtime and limitation of the attorney’s fees award. We affirm in part and reverse in part.

Generally, employers must pay liquidated damages for a failure to pay overtime in violation of the Fair Labor Standards Act (FLSA). 29 U.S.C. § 216 (b). A narrow exception allows courts to deny liquidated damages only if the employer proves that it acted (1) in good faith and (2) with reasonable grounds for believing that the failure to pay was not a violation of the FLSA. 29 U.S.C. § 260 ; Bratt v. County of Los Angeles, 912 F.2d 1066, 1071 (9th Cir.1990). This test involves both subjective and objective components. Id. at 1071-1072 .

Cowlitz County failed to meet these requirements. The mere receipt of publications and attendance at meetings does not prove an honest intention to ascertain and comply with the law. Moreover, even if we deferred to the district court’s determination regarding the employer’s intention, Cowlitz County did not establish…