Retaliation For Court Testimony Results In $3.99 Million FLSA Verdict

A federal jury has awarded a former LAPD police officer almost $4 million dollars for the retaliatory discharge he allegedly suffered after providing testimony in another FLSA lawsuit.  http://www.latimes.com/news/local/la-me-lapd-20101102,0,195126.story.  The former police officer, Richard Romney, provided testimony in a failure-to-pay overtime case in January 2008.  On the heels of his testimony, the LAPD opened an investigation into Romney, claiming his testimony in court established he, himself, was violating LAPD policies on overtime.  The Chief of Police recommended Romney be terminated for his alleged violation of overtime policies and Romney was eventually terminated.  The jury apparently rejected the LAPD's proffered reason for Romney's discharge, concluding that Romney was terminated for his protected activity under the FLSA.  While there is some uncertainty as to whether the amount of the verdict will withhold scrutiny, there is no doubt Romney provides a cautionary tale for employers contemplating disciplining employees who engage in protected activity.