The County of Sampson has already expended nearly $90,000 to defend a lawsuit filed at the beginning of 2022 by more than 30 current and former Sampson County Sheriff’s Office employees, who have alleged they were not properly compensated by the county as required by law. County staff has proposed setting aside an additional $100,000 for the coming fiscal year, according to the recommended 2023-24 budget.

In his budget message for the 2023-24 proposal, County Manager Ed Causey said county administration has included $100,000 to continue to defend against the lawsuit filed by 34 current and former Sheriff’s Office employees, who maintain that pay was withheld “in an amount in excess of $25,000.”

“This is in addition to the expenditure of $82,299.45 this year,” Causey told county commissioners, reading from his budget message.

The $100,000 proposed to be earmarked to defend the lawsuit in 2023-24 would match the $100,000 set aside in the 2022-23 budget, the bulk of which has already been spent.

The lawsuit was filed in February 2022. The next month, in March 2022, the case was removed from Sampson County Superior Court to the United States District Court for the Eastern District of North Carolina, as the plaintiffs (the employees) were seeking relief under the Fair Labor Standards Act and the complaint alleged that “Defendant’s (County of Sampson) failure to pay plaintiffs for hours worked … violated the FLSA.’”

The District Courts of the United States have original jurisdiction over claims “arising under the … laws … of the United States,” the removal notice states. “Thus, this action is one of which the United States District Court for the Eastern District of North Carolina has original jurisdiction based on federal question … and this case is properly removable.”

That notice of removal to federal court came in the wake of a complaint and demand for jury trial filed in February 2022 by 34 employees from the Sampson County Sheriff’s Office (SCSO), who alleged that they have not been properly compensated. They cited federal law and Sampson County’s Personnel Resolution as it pertains to overtime pay, and maintained they were shortchanged by the county in violation of the Fair Labor Standards Act.

The 34 people listed as plaintiffs in the lawsuit include: Joshua D. Akers, Dewayne Barber, Timothy L. Bass, Jessica Byrd, Joseph Byrd, Andy Cabrera, Julian B. Carr, Donald Carter, Jerry Cashwell, Joshua David, Alphus Fann, Josuph Frischmann, Christopher Godwin, Crystal Gore, Doyle Grady, Christopher Hardison, Andrew High, Scott Hodges, Dustin Irvin, James A. Jones II, Lori C. Marinelli, Jacob F. Matthews, Rhonda D. Medlin, Kevin Perry, Brandon R. Pope, Eric Pope, Lynwood T. Pope, William Quinn, Ronie T. Robinson Jr., Dillon Smith, Marcus Smith, Patrick A. Snell, Robert Stroud and Heathe Williams.

The employees are being represented by Gross Law Offices of Raleigh and Bailey & Dixon, LLP of Raleigh. The County of Sampson is being represented by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. of Raleigh.

Pursuant to the Personnel Resolution, according to the complaint, “employees in law enforcement job classes may earn overtime based on up to a 28-day period.” Pursuant to that resolution, adopted in June 2011, non-exempt employees will be paid by the defendant at a straight time rate for hours up to the FLSA established limit for their position. Plaintiffs are classified as non-exempt employees, the complaint alleges.

The FLSA established limit for law enforcement officers is 171 hours during a 28-day period. Any hours worked over 171 hours during that four-week period would qualify as overtime “and plaintiffs would be paid or granted compensatory time at 1.5 times their hourly rate for their overtime work,” the complaint notes. At the end of each 28-day period, plaintiffs submit their timesheets to the defendant, — the County of Sampson — and payments would be issued by the county based on the information properly reported in the submitted timesheets.

“At all times, Plaintiffs have been employed with SCSO until approximately November of 2020, Defendant has not paid Plaintiffs for hours worked between 160 and 171 hours in a 28 day pay cycle,” the complaint alleges. “Defendant has altered Plaintiffs’ timesheets by deleting hours recorded by Plaintiffs for work performed between 160 and 171 hours in a 28 day pay cycle.”

“The Defendant’s failure to compensate Plaintiffs for hours worked during their employment with SCSO extends to time Plaintiffs have been required to work during meal breaks,” the complaint further states. “Plaintiffs are allotted a one-hour meal break per shift. Given the unpredictable nature of law enforcement, however, Plaintiffs are often required to work through, in whole or in part, their allotted one-hour meal break. At all times, Plaintiffs have been employed with SCSO, Defendant has deducted one hour per shift from Plaintiffs’ entered time regardless of whether Plaintiffs actually worked during their meal break. In so doing, Defendant has failed to fully compensate Plaintiffs for hours worked as law enforcement officers and/or agents with SCSO.

“At all times, Plaintiffs who have worked in excess of 171 hours in a 28 day pay cycle have not been given an option as to whether they will receive compensation in time or pay at the overtime rate for those excess hours,” the complaint continues. “Rather, Defendant has forced Plaintiffs to accept compensatory time in lieu of payment in cash for any overtime worked.”

“Defendant’s failure to pay Plaintiffs for hours worked in excess of 160 hours per 28 day pay period has been willful,” the claim alleges. “Defendant has not paid Plaintiffs for hours Plaintiffs are required to be on call and report to duty if summoned by SCSO.”

“Defendant has withheld compensation legally owed to Plaintiffs in an amount in excess of $25,000,” according to the complaint.

In the adopted 2022-23 Sampson County budget ordinance, county administrative staff comprehensively outlined work schedule and overtime rules, seemingly in response to the lawsuit.

Full‐time employees normally work five, eight-hour days per work week — typically 8 a.m. to 5 p.m. — and are subject to the overtime provisions set forth in the Sampson County Personnel Resolution.

“Employees in administrative, professional or managerial positions shall work the number of hours necessary to assure the satisfactory performance of their duties,” the 2022-23 county budget ordinance stated. “Law enforcement officers shall work assigned hours in a 28‐day cycle to comply with the federal Fair Labor Standards Act. Non‐traditional work schedules may be beneficial to the county and the employee. Such work schedules may be authorized by the county manager, upon the recommendation of a department head, when such schedules maximize the use of resources, increase departmental efficiency or improve customer service.”

In the current budget ordinance, county officials also detailed parameters regarding overtime rules.

“Overtime work must be of an unusual, unscheduled, or emergency nature and be directed or authorized by the department head or an authorized representative of the department head,” the ordinance stated. “Except for overtime work of an emergency nature, approval for all overtime work must be obtained from the county manager in advance. Under unusual or emergency circumstances, the county manager may authorize compensatory time and/or pay for exempt employees. Special compensatory time regulations under FLSA for local governments will be followed for law enforcement personnel who are subject to the provisions of this law.

Exempt employees may accumulate 320 hours of overtime (480 compensatory time hours). All other county employees may accumulate 160 hours of overtime (240 compensatory time hours).

“As an initial approach to addressing on‐call compensation for employees required to maintain a state of readiness and after‐hours availability, the proposed budget includes funding to provide $1 per hour for on‐call pay,” the ordinance stated. “Employees who respond after hours will continue to receive compensatory time or overtime pay as per the Personnel Resolution.”

Editor Chris Berendt can be reached at 910-592-8137 ext. 2587.