Friday, January 29, 2021

Ass'n for LA Deputy Sheriffs v. County of Los Angeles (Cal. Ct. App. - Jan. 29, 2021)

I'm torn about this one.

The 107 Los Angeles Deputy Sheriffs definitely got overpaid.  Sometimes for years.  They should definitely pay the money back.

But many of those overpayments were a long time ago.  They started back in 2012.  At some point, it'd be unfair to deduct those overpayments from the employee's current wages.  Even if -- and, to me, this makes the deductions much more reasonable than they would otherwise be -- the deductions are limited to 15% of the relevant deputy's weekly pay.  The statute of limitations for mistake, for example, is three years.  Is it really okay to recoup overpayments that one side unilaterally made a decade or so later?  At some point, isn't it unfair?

The Court of Appeal holds -- among other things -- that statutes of limitations don't apply to administrative remedies like those applied here.  Which seems likely correct as a matter of leagl doctrine.

But, man.  At some point, doesn't equity come into play?  Maybe not after 8 years.  But at some point?