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FLSA Challenge to Police Training Cost Repayment Policy
In Gordon v. City of Oakland, No. 09-16167, a Fair Labor Standards Act (FLSA) challenge to the City of Oakland's policy requiring police officers to repay a portion of their training costs if they voluntarily leave the City's employment before completing five years of service, the court affirmed summary judgment for defendant where because the City issued plaintiff a paycheck exceeding the minimum wage amount, the City's reimbursement demand did not violate the FLSA's minimum wage provision.
As the court wrote: "This case concerns the City of Oakland's ("City") policy requiring police officers to repay a portion of their training costs if they voluntarily leave the City's employment before completing five years of service. Plaintiff-appellant Courtney Gordon was a police officer for the City who left her position after less than two years. She alleges that the City violated the minimum wage provisions of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201, et seq., by requiring her to reimburse it for part of her training costs."