Dispatchers at trucking company will be paid overtime. In any event, the time to analyze the dispatcher exemption issue is now, before the threat of a lawsuit looms. Scheduled work hours, actual work hours, public safety. Employees engaged in police and fire protection work may accrue up to 480 hours of compensatory time. Cases upholding the exempt status of dispatchers pursuant to the administrative exemption of the flsa generally have focused on whether the position requires the performance of decisionmaking duties and analysis beyond mere communication and tracking of vehicles. The dispatchers would have to agree to receiving comp time in lieu of overtime, and there are specific rules that must be followed. All employees that hold positions determined to be covered under the mandatory. Another possibility is that the dispatchers may fit within the motor carrier exemption, but they must affect safety for this exemption, rather than simply dispatch vehicles. Essential duties and functions, pursuant to the americans with disabilities act, may include the following.
Since 2004, the test for whether the executive exemption is met is that the person meets all of the following requirements. Flsa comp time is another one of those special provisions that apply only to public agency employers. Overview of the flsa rules for firefighters overview the federal labor standards act flsa sets basic minimum wage and overtime standards that cities and counties must comply with when paying personnel. Overtime compensation for police chief under flsa mtas. The flsa overtime requirements for public safety employees are different from those of other employees, because a specified number of work hours is needed within the flsa work period before the flsa rate can be applied to overtime pay. Fair labor standards act and k9 by bob nash chairman, national fop labor committee 19952001 november 2, 1995 k9 officers are often times engaged in a number of activities which are considered compensable under. Payment obligations under flsa for waiting time and oncall time by bruno w. Dispatchers employees who are employed as dispatchers who provide emergency communications to police officers, firefighters, public safety personnel and who direct equipment to fire, crime and accident scenes, generally must be paid overtime when they work over 40 hours in work week. Dispatchers regularly exercise discretion and independent judgment, and are exempt under the bona fide administrative exception of the flsa. Police employers may establish alternative work periods for police officers. Employees employed in a bona fide administrative capacity are not subject to, and are exempt from, the flsa s overtime provisions, provided that they are paid a. If an air carrier is engaged in interstate or foreign commerce or in the transportation of the u. Civilian police department employees such as public safety dispatchers do not qualify for the fair labor standards acts flsa partial overtime exemption for police and firefighters set forth in 29 u.
Guidance on applying flsa overtime provisions to law. The trucking company provided considerable evidence of the employees job duties. Juffras the rules governing the use of the 207k exemption sometimes called the 7k exemption can be found at 29 cfr 553. Employee and the fair labor standards act many public entities utilize volunteers to perform traditional and nontraditional governmental services. Under this method, flsa rules on hours of work and overtime thresholds were modified so that 1 any time qualifying as an hour of work under title 5 would be considered to also be an hour of work under flsa and 2 the 8hour daily overtime threshold could be applied to flsanonexempt employees in applying the flsa overtime pay rules. Under general supervision, using independent judgment and knowledge, leads the daily activities and operations of police dispatch personnel in the emergency communications center. The fair labor standards act flsa is best known as the law determining the exempt or nonexempt status of jobs and overtime requirements. We are required to be in the dispatch center and ready to work by the start of our assigned shift.
As a general rule, employees who perform police and firefighter work will be considered nonexempt under the fair labor standards act flsa, and must receive overtime or compensatory time off unless they fall under the small police fire department exemption discussed below. Back to list of subjects back to legal publications menu. Under the flsa, the police chief is undoubtedly an executive employee exempt for the overtime provisions of that act. Preemployment urinalyses drug screens are also required for all top candidates considered for positions in accs college police department. Although the court noted that dispatchers generally qualify under the exemption, it was not satisfied that the plaintiffdispatchers actual duties made them subject to the exemption. Continuing our hours worked series, we will discuss the topic sleeping time and when it should be counted as hours worked for purposes of minimum wage and overtime under the fair labor standards act flsa. There are three areas where we are either losing canine units throughout the united states, or they are being reduced in size.
Initially, the flsa applied only to private employers. Department of labor dol ruled in an opinion letter recently made available. Fair labor standards act for police and fire employees. Salary exempt employees under the flsa police chief magazine. A police union failed to show that a township violated the fair labor standards act by failing to pay proper overtime, pay compensation for muster time. Their work periods vary from seven to 28 days, depending on the work period. The lawsuit claimed the dispatchers and technicians were entitled to standard overtime pay and not the special overtime rules provided for firefighters in the fair labor standards act flsa. How does the flsas 207k exemption for law enforcement and firefighters work. While the white collar overtime exemptions administrative, executive and professional set forth in the flsa are used by all public agencies, there is also a partial exemption in section 207k which is essential for public agencies with police and fire departments for employees engaged in fire protection or law enforcement activities. The flsa overtime pay requirements do not apply to any employee of an air carrier that is subject to the provisions of the federal railway labor act. Fair labor standards act flsa this fact sheet provides general information concerning the application of the.
Overtime pay entitlement for public safety employees under the fair labor standards act flsa, part 2, 2016 10 aele mo. We are scheduled to work five 8hour shifts per week. The two classifications are exempt employees and non exempt employees. Circuit court agrees crane dispatcher exempt from flsa. Most law enforcement officers dont get too concerned with the nuts and bolts of the fair labor standards act flsa, preferring to rely on the provisions of their labor contract.
The fair labor standards act is designed to insure that wage earners are compensated for overtime hours and provides. An employers failure to pay dispatchers overtime when overtime is due and required is a violation of the fair labor standards act flsa and can result in a lawsuit similar to the one against camden city. Fair labor standards act flsa exemptions fair labor. Many police command officers typically lieutenants and above, and maybe some sergeants will likely be exempt employees, and not entitled to overtime pay under the flsa.
The fair labor standards act flsa is a federal law which establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards affecting fulltime and parttime workers in the private sector and in federal, state, and local governments. Unlike the specific partial exemption under the fair labor standards act that applies to police and firefighters, dispatchers and other public employees who do not meet the definition for that partial exemption are entitled to time and onehalf pay for hours. Are battalion chiefs subject to the highly compensated. Ohio judge finds dispatchers to be exempt administrative. Learn about special issues in applying the fair labor standards act flsa to police and fire employees such as the option to define an extended workweek, application to small departments, different ceilings on accrual of compensatory time, and rules for volunteer versus paid oncall fighters. Criminal background check preemployment criminal background checks are required for all staff and faculty positions. The highly compensated employee exemption comes from section a1 of the flsa, often referred to as the white collar exemptions. The fair labor standards act of 1938 flsa is the federal law that regulates the wages and hours worked by employees engaged in interstate commerce. Chamberlain, kaufman and jones is a law firm with a nationwide reputation in helping employees receive the wages they are due for all hours worked, specializing in overtime law specifically collection of unpaid overtime pay due under the federal fair labor standards act flsa. Section b20 of the flsa provides an overtime exemption to law enforcement or fire protection employees of a public agency that employs less than five employees during the workweek in law enforcement or fire protection activities. The flsas overtime pay provisions for law enforcement and. Some occupations require an employee to be on the employers premises and available to work even though there are periods of time when actual work is not being performed.
To be exempt, police command officers must meet the salary tests and duties tests requirements see, coverage under the flsa. Payment obligations under flsa for waiting time and on. The importance of adopting the section 7k overtime. With the exception of a few states, dispatchers are entitled to overtime if they work more than 40 hours in a sevenday workweek. The law covers minimum wage, overtime pay, hours worked, record keeping, and youth employment standards for employees both in the private sector and in federal, state, and local governments. Department of labor dol or a civil suit filedby or on behalf of one or more employees. The issue of not deploying the dog properly, which led to litigation, which. Occasionally some police command officers may be mistakenly classified as overtime exempt.
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