MUSKOGEE, Okla. — The Muskogee County Board of Commissioners has authorized a settlement of up to $10,000 in a lawsuit filed by a former sheriff’s deputy who disputed overtime pay.
The Muskogee Phoenix (http://bit.ly/2cmEIXD ) reports the commissioners made the authorization on Monday.
“The Court has been advised by counsel that this action has been settled, or is in the process of of being settled,” United States District Judge James H. Payne states in an order.
Former deputy Fred Winters named the board of commissioners and Sheriff Charles Pearson as defendants in two lawsuits. One suit was filed in state court and the other was filed in federal court. Winters’ claim stems from a dispute in January 2010 involving compensation for time he worked when he was supposed to be off duty. The lawsuit said that was a violation of the federal Fair Labor Standards Act.
“The accrual of comp time for hours spent working on a scheduled day off is a form of compensation that defendants provide Muskogee County deputy sheriffs pursuant to an established policy,” Winters state court petition said.
Wellon Poe, a lawyer representing the county, said the federal case has been closed, but the issues in the petition are still being addressed.
“There is no resolution yet,” said Poe, a lawyer who represents the county. “It’s still in litigation.”
Information from: Muskogee Phoenix, http://www.muskogeephoenix.com