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Main Page Question about the Fair Labor Standards Act
(Click here to view the original thread on the MassCops Message Board)

Posted by: Cartman

Hello all. I'm posting this question for the officers in my union. I understand that under the Fair Labor Standards Act, overtime is to include all offsets, including shift differential, longevity, and other stipends, such as the Quinn Bill. I also understand that the FLSA does not kick in for police officers until you reach 171 hours in a 28 day period. When working the 4 and 2 schedule, this does not happen often, unless you work a lot of overtime. I am also aware, that in most instances, our contract is better than the FLSA (ie OT after 8 hours) The town we work for was made aware of the violation of the FLSA, but it has not been part of our contract negotiations in the past. Does anyone have any experience with this? Could we file suit with the nearest US District Court? Will we win? Does the Town have to compute with the FLSA, even if our contract is better?? These are all questions that I and other officers in my union have.

Posted by: testtaker

Agawam PD is the department that settled this case. It is not as easy as it seems. The Key to the whole case is the 28 day work schedule vs the 7 day work schedule. Check your contact if it specifically stated 28 day work schedulke then you should just hang it up, it won't be owrth it. If it does not say 28 days, then you should look to fight!

Check the case out, and/or call Agawam PD

http://caselaw.lp.findlaw.com/cgi-bi...case&no=031685

It's not about the overtime, its about how they pay you

gluck from all of us!

(hint: Boston Pd went through this and got double damages!!)

Posted by: 209

While on the topic of contracts...I know of a CS city having reserves that work more than 40hrs per week but do not get paid time and a half for hours over 40. Is this allowed?

Posted by: Curious EMT

Quote:

Originally Posted by 209

While on the topic of contracts...I know of a CS city having reserves that work more than 40hrs per week but do not get paid time and a half for hours over 40. Is this allowed?

Anything over 40 shold be OT.
Just looked it up for one of my guys. He's a reserve and full time dispatcher, and is only getting the measly "standard" reserve pay for his patrol hours, not 1.5* his normal rate as a dispatcher. That is a violation.

Posted by: texdep

Quote:

Originally Posted by Curious EMT

True, it is a violation. "just be careful 'cause the town just may fix it!" .....and the easiest and also legal fix for the Town is to just not work him as a reserve any more and to just use reserves who do not hold any other town positions.

Posted by: chief801

Quote:

Originally Posted by Cartman

Hello all. I'm posting this question for the officers in my union. I understand that under the Fair Labor Standards Act, overtime is to include all offsets, including shift differential, longevity, and other stipends, such as the Quinn Bill. I also understand that the FLSA does not kick in for police officers until you reach 171 hours in a 28 day period. When working the 4 and 2 schedule, this does not happen often, unless you work a lot of overtime. I am also aware, that in most instances, our contract is better than the FLSA (ie OT after 8 hours) The town we work for was made aware of the violation of the FLSA, but it has not been part of our contract negotiations in the past. Does anyone have any experience with this? Could we file suit with the nearest US District Court? Will we win? Does the Town have to compute with the FLSA, even if our contract is better?? These are all questions that I and other officers in my union have.

The town should be calculating both contractual pay and FLSA pay. In the rare event that the FLSA pay exceeds the amount paid by contract, they would be required to pay the FLSA amount. Your remedy would be to contact the Department of Labor. When I went through this, they came in and did a three year audit to determine whether or not the contractual pay was greater than the FLSA pay.

Posted by: topcop14

The chief is correct. We just went through this in my department. Dureing the 28 day period we get OT based on our contract, 1.5 for anything over 8, 1.5 for any extra shifts even when it is our short week. If we reach the FSLA standard we will get an adjust that includes the quinn bill, and shift diff, OIC ...
I have yet to get any money out of it and I work a shit loud of OT.

Posted by: gooday

FSLA is Clear, it states that any thing over 40 hours a week is OT. This OT money can be collected up to 3 years back. There is case where the D.O.C union won a case like this When it was filed by there first union president by the name O'neill and a law firm Grady and Dewyer and it was settled with the state although it did not say the out come except that it was in the unions favor.I could not find it again on the internet, I have no idea how I got to the sight and it was just an update on a case from back in the 90's . I looked it up not to long ago and thats what I wrote down. I still have to go back and look at it more clearly if I can find it but thats what I remember. Federal law is king over state law, remember that. the D.O.C union was very powerfull under that leadership From what I've heard so that may of had something to do with the outcome of the case. Now remember the FSLA also says that anyone working 40 hours a week shall recieve a 15 minute break and a 30 minute break in that time. But this does not apply to paramilitary, meaning corrections or police as it says in the law that we are always on call while working because we have a duty to act for public safety.This was a fight and a finding by the Boston police superior officers union a long time ago .So if you try to fight that they can make your shift go from 3-11 to 3-11:45 by rights, so dont get into that. The three years of OT is not worth a trouble free lunch break. Time with my family is worth more thats why not many in L.E fight it. I hope this helps you and good luck. By the way I could be wrong I'm not an expert I just read alot and look things up so I may not be 100% correct. I'm no labor atty in any way.

Posted by: CJIS

Is there really such a thing as "Fair Labor"?

Posted by: Danman

no.. the pay is never to good

Posted by: firefighter39

Quote:

Originally Posted by texdep

That happened where I work - Chief secretary was a Special Officer - complained about FLSA violation - no longer a SO. Also some of the FF's were SO's and had to give it up due to FLSA

Posted by: kencop93

The town of Carver had a girl who was the dog officer and a call (paid) EMT for the town. When she went full time as dog officer , she kept good records. Before three years was up, she made a complaint using the FLSA. She won, they went back three years and she got a boat load of money. Of course they changed things after that. Anyone in the town working two or more positions were closely monitored. Cops that were call firefighters were not allowed to go to fire calls and others were closely monitored for over 40 in a week. As to other questions, Collective bargaining agreements can only give you more than the FLSA they cant give you less. Also, I am no expert nor an attorney but have seen alot over the years. Good luck stay safe

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