Labor Dept. to Sue O.C. on Behalf of 44 Workers : Courts: Investigators in the public defender’s office contend they are owed overtime wages. Action seeks $485,000.

The U.S. Labor Department said Monday that it will file a $485,000 claim against bankrupt Orange County for allegedly failing to pay overtime wages to 44 workers in the public defender’s office.

Brian Taverner, head of the federal agency’s wage and hour division in Santa Ana, said 44 public defense investigators consistently worked more than 40 hours a week from September, 1992, to September, 1994.

But they did not receive overtime or compensatory time off, said Taverner, whose office has been working on the case since late last year.

He said the claim will be filed as early as today in federal Bankruptcy Court in Santa Ana, where the county is trying to sort out its fiscal problems.

“It’s a pretty big deal,” Taverner said late Monday, adding that his office rarely files claims on behalf of public employees.

Executives at the Orange County counsel’s office, the employer, could not be reached for comment late Monday.

Taverner said the counsel’s office is aware of the claim, though he noted, “I haven’t gotten word from them.

“The county is probably saying it wasn’t aware of the overtime,” Taverner said. But, “it’s the county’s responsibility to keep track of accurate hours.”

Taverner said his office first received worker complaints about overtime pay shortly before Orange County’s bankruptcy filing last Dec. 6. Labor officials investigated and determined there was merit to file a claim, he said.

Taverner said the 44 workers put in an average of 47 hours of work a week during the two-year period. Federal overtime rules require time-and-a-half pay for work beyond 40 hours a week. Taverner said most of the public defense investigators earn more than $30,000 a year.