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Discussion Starter · #1 ·
I have a question regarding overtime. I worked an overnight dispatch shift when the clocks were pushed back an hour last month. According to the roster, I worked the regular 11-7 shift, 8 hours. However, I was obviously on the desk for 9 hours (we are not entitled to breaks). It was not my scheduled shift; I was on overtime, filling in for someone out sick.

How does the FLSA, case law, or your department cover this? Apparently the hour the clocks are pushed ahead in the spring is a "freebie", but again, this is not my regular shift -- it was overtime coverage.

-Mike
 

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You unfortunately have to grin a bear it on that 9th hour. The exact reverse of this is in the spring when you push the clocks ahead and you get that "Free" hour and only work seven. In the end it balances out. Happens to me every year.
 

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MPD64 said:
You unfortunately have to grin a bear it on that 9th hour. The exact reverse of this is in the spring when you push the clocks ahead and you get that "Free" hour and only work seven. In the end it balances out. Happens to me every year.
Unfortunately for Mike, it won't balance out in the end. He doesn't work that shift under normal circumstances. This was an OT shift for him, so he got shafted out of that hour's pay (at 1.5x pay). The federal labor laws define your work time as the "hours worked", NOT by what time the clock reads. For example, a pilot who leaves Boston at noon (Eastern)and lands in LA at 2pm (pacific), worked for 5 hours, not 2 hours. The fact that Mike arrived at 11pm and went home at 7 am is irrelevant. He worked for 9 hours that night and should be paid accordingly.
 

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I understand the concept of being paid by the hour, I was speaking from the perspective of someone who is assigned to the 11-7/12-8 shift. I don't agree w/ getting screwed out of that hours pay especially if it's on OT, but I would be curious to see how many Dept's out there pay their guys the 9 hrs in the fall and only the 7 in the spring. For me it balances out and anyone who takes that OT shift will get paid for the 8 weither you were there for 7 or 9hrs. Also I work a 4 & 2, so some weeks I only work 32hrs in a pay period, but I will still get paid for a 40hr week. So, I guess you could say that works to my advantage too right.
 

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Discussion Starter · #6 ·
Eric is right... I got called in for OT, that is not my usual shift. Unless I get called in again, I will not be working the "spring ahead" night.

Both dispatch and patrol are paid for 8 hours on "spring ahead" and "fall back"; as you said MPD64, they claim it balances out. Of course, it really does not, since most officers do not stay on the same shift or rotation very long, and may end up losing (or gaining) an hour.

-Mike
 

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In an OT sense, I guess the best advise is to pay attention to what day it is so it doesn't happen again. It does suck that you get screwed out of that hour, I say it every year on that night. I am also excited in the spring when I only have to work 7hrs too. So, take that shift if it comes to you, a free hour of OT.
 

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We get paid 1 hour of OT for the 9 hour shift and we get paid for a full 8 hours for the 7 hours shift.

And whoever said your NOT entitled to breaks is full of it. Just because your public safety doesn't mean your exempt from legally getting breaks. FLSA says you do get breaks.

During an 8 hour shift you should get one 30-minute and two 15-minute breaks. If you work 12 you get an extra 15-minute break.
 
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