Some employees are exempt from the overtime provisions under the flsa. Flsa to law enforcement and fire protection personnel of state and local governments. Some jobs are excluded from flsa coverage by statute. Dispatchers regularly exercise discretion and independent judgment, and are exempt under the bona fide administrative exception of the flsa. We employ civilian public safety dispatchers who handle dispatching for both the police and fire departments. This post was originally published on this site 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.
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. Since 2004, the test for whether the executive exemption is met is that the person meets all of the following requirements. Law enforcement and fire protection employees under the fair labor standards act flsa this fact sheet provides general information concerning the application of the. Scheduled work hours, actual work hours, public safety. A volunteer police dispatcher for brought suit under the family medical leave act fmla.
Section 7k of the flsa provides that employees engaged in fire protection or law enforcement may be paid. 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 purpose of part 553 is to set forth the regulations to carry out the provisions of these amendments, as well as other flsa provisions previously in existence relating to such. The fair labor standards act flsa can be found under title 29 of the united states code, with the portions relating specifically to public employees in subtitle b, chapter v, subchapter a, part 553. Flsa requirements for public safety employees oracle docs.
Section a1 and section a17 also exempts certain computer employees. The issue of not deploying the dog properly, which led to litigation, which. Police employers may establish alternative work periods for police officers. Coverage under the flsa exclusions from flsa coverage. The 207k exemption allows employers to compute overtime for law enforcement and firefighters on the basis of extended work schedule usually 28 days. Statelevel 40th percentile salaried wages this section uses microdata from the current population survey cps to explore differences between states in the 40th percentile of salary fulltime wages.
Police, firefighters, ems and rescue personnel overtime scams. The flsa requires certain employees be paid overtime pay at a rate of one and onehalf times the employees regular rate of pay for all hours worked over 40 hours per week. How does the flsas 207k exemption for law enforcement. You indicate that the dispatchers are nonexempt employees who do not meet the requirements for exemption under flsa section 7k or a1. The dispatchers work an average of 42 hours per week. Guidance on applying flsa overtime provisions to law.
The fair labor standards act 21 things you should know. Longer work periods and hourly thresholds may be established for police officers and firefighters. Develops and maintains a working knowledge of all positions in the police emergency communications center. Mar 09, 2018 but understanding how the federal labor law impacts public safety agencies is critical for police schedulers. For federal law enforcement employees who are receiving administratively uncontrollable overtime auo pay under 5 u. Overtime compensation for police chief under flsa mtas. The fair labor standards act mandates the payment to an employee of overtime compensation, at a rate of one and onehalf times the regular rate of pay, for all hours worked in excess of forty hours per week. Fair labor standards act flsa exemptions fair labor. 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 policefire department exemption discussed below. Particular jobs may be completely excluded from coverage under the flsa overtime rules. Any individual employed by an employer, except for individuals employed by a state.
Another flsa class action on exempt status of dispatchers. 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. Exemptions are narrowly construed against the employer asserting them. Fire protection personnel are employees working for an organized fire department or fire district who have been trained for and have the legal authority and responsibility to engage in the prevention and control of fires. Yet, through proactive strategizing, an employer may endow dispatcher employees with the requisite duties, responsibilities and freedom of action i. Nov 30, 2009 a federal judge has ruled that a dispatcher, who was suing as the named plaintiff in a flsa collective action seeking overtime, was not able to prove that he was similarly situated to other employees and this the judge refused to grant even the conditional certification necessary to keep the case going.
Even if the company you work for is required by the flsa to pay overtime or minimum wage, some employees can be exempt from the flsa, which means that employers do not have to pay either minimum wage, overtime, or both. 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. Public safety employees 7k exemption the flsa contains a provision that allows the establishment of longer work periods of not less than seven days nor more than 28 days for public safety employees of state and local governments. The fair labor standards act 21 things you should know all employees. 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. Look here for a post i wrote about the fluctuating workweek method, which can.
Thus, between may 4, 1991, and may 2, 2002, an flsa nonexempt employee could continue to have a meal period that was hours of work under flsa, but not under title 5. Factors considered in determining if an employees exempt duties are his or her principal duties include. Exemptions apply to certain occupations, job duties, and industries. Mtas was asked whether e911 dispatchers qualify for the 207k exemption for. Because calculating overtime and overtime pay laws. Salary exempt employees under the flsa police chief magazine. Although the court noted that dispatchers generally qualify under the exemption, it was not satisfied. 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. 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. Jun 09, 2010 home wage and hour exemptions eleventh circuit finds crane dispatcher to be exempt administrative employee eleventh circuit finds crane dispatcher to be exempt administrative employee by noel p. Section b20 of the flsa provides an overtime exemption to law enforcement or.
Assists dispatchers and 911 operators with procedures, resolving complex calls. Government employees and the flsa by aaron hotfelder, j. Primary duty for purposes of fair labor standards act flsa exemptions means the principal, main, major or most important duty that the employee performs. Jul 30, 2014 it is believed that some fire departments may be violating a federal law, known as the fair labor standards act flsa, which requires employers to pay most employees who work more than 40 hours in a single workweek overtime wages. Before taking this job i worked for many years as an hr manager in the private sector. 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. Overtime pay entitlement for public safety employees under. Rather, the employee must be paid a salary and perform certain kinds of duties. Fair labor standards act when sleeping time is considered. Guidance on applying flsa overtime provisions to law enforcement employees receiving administratively uncontrollable overtime pay summary. Call crone to recover your unpaid overtime or minimum wage. The rules governing the use of the 207k exemption sometimes called the 7k exemption can be found at 29 cfr 553. Eleventh circuit finds crane dispatcher to be exempt.
Overtime or compensatory time must be paid at time and onehalf of the employees. Curt varone explains why no law affects fire department operations or costs to local government more than the fair labor standards act. 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. 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. This is in response to your request for an opinion regarding the fair labor standards act flsa exemptions for fire protection and law enforcement activities and occasional and sporadic employment. This partial exemption from the overtime provisions of the flsa is often referred to as the 7k exemption. Dispatchers at trucking company will be paid overtime. The importance of adopting the section 7k overtime. Under the more common 40hour workweek, the dispatchers should receive 20 hours of overtime. The fair labor standards act is administered by the wage and hour.
However, civilian public safety dispatchers, who do not meet the requirements of 207k are eligible for overtime after working 40 hours every 7 days. Some employees are exempt from the overtime pay provisions, some from both the minimum wage and overtime pay provisions and some from the child labor provisions of the fair labor standards act flsa. Ohio judge finds dispatchers to be exempt administrative. Tripp on march 24, 2014 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. We are required to be in the dispatch center and ready to work by the start of our assigned shift. Flsa allows for longer work periods than the traditional 40 hour work week for public safety employees, often referred to. Primary duty flsa exemptions employment law handbook. There are three areas where we are either losing canine units throughout the united states, or they are being reduced in size. Police and fire employees have to be considered separately, e.
San antonio metropolitan transit authority, in which the court ruled that state and local governments must comply with. Department of labor dol or a civil suit filedby or on behalf of one or more employees. Jan 15, 2001 from public employers guide to flsa employee classification, thompson publishing group. The flsa overtime pay computation method became the sole method of computing overtime pay for flsa nonexempt employees. 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. Flsa exempt and nonexempt defined office of human resources. Their work periods vary from seven to 28 days, depending on the work period. Juffras the rules governing the use of the 207k exemption sometimes called the 7k exemption can be found at 29 cfr 553. Jun 09, 2010 i have noted that most transportation employers consider these employees exempt because their job functions are critical to business operations. Fire protection personnel include firefighters, paramedics, emergency. The flsas overtime pay provisions for law enforcement and. February 2010 iaff fair labor standards act manual 1 introduction there are few laws more important to our members than the fair labor standards act flsa. For more than 70 years, the supreme court has construed exemptions to the fair labor standards act flsa narrowly.
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. Since the supreme courts landmark 1985 decision in garcia v. Ensures emergency communications equipment is in proper working order at all times. Fair labor standards act for police and fire employees. With the exception of a few states, dispatchers are entitled to overtime if they work more than 40 hours in a sevenday workweek. We are scheduled to work five 8hour shifts per week. The fair labor standards act flsa is best known as the law determining the exempt or nonexempt status of jobs and overtime requirements. If they work all their assigned shifts, the dispatchers are paid 80 hours of straight time and four hours of. The flsa allows a partial exemption for firefighters and. The flsa overtime rule determines whether employees are eligible or exempt for overtime pay. Coverage under the flsa most jobs are governed by the flsa. However, section a1 of the flsa provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees.
The fair labor standards act is designed to insure that wage earners are compensated for overtime hours and provides. Exempt employees, because of their rate of pay and type of work that they do, are not eligible for. But understanding how the federal labor law impacts public safety agencies is critical for police schedulers. Police overtime pay law enforcement overtime pay werman. For those reasons, the e911 dispatchers would not qualify either as law enforcement or fire fighting employees within the meaning of the 207k exemption, and are entitled to overtime compensation for all hours worked over 40 during the week, except, of course, those dispatchers who might be exempt from the fair labor standards act because. 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. Under the flsa, the police chief is undoubtedly an executive employee exempt for the overtime provisions of that act. Dear name this is in response to your request for an opinion regarding the fair labor standards act flsa exemptions for fire protection and law enforcement activities and occasional and sporadic employment. Ray anthony intl llc, the eleventh circuit held that a crane dispatcher was not entitled to overtime compensation because he was an administrative employee. Supreme court rejects longstanding narrow construction. A federal judge has ruled that a dispatcher, who was suing as the named plaintiff in a flsa collective action seeking overtime, was not able to. Some occupations require an employee to be on the employers premises and available to work even though there are periods of time.
Under 207k, nonexempt law enforcement officers must work 171 hours in 28 days before the employer becomes liable for overtime. Police and fire employees league of minnesota cities. You must pay overtime to law enforcement employees for hours that exceed 171 in a 28day. Wage and hour division whd opinion letters fair labor standards act. How does the flsas 207k exemption for law enforcement and. The fair labor standards act flsa defines employee. Act includes dispatching of emergency vehicles and personnel, rescue work and. The fair labor standards act has two exceptions from its overtime pay rules for nonexempt employees who work different numbers of hours from week to week. We conclude that section 7p2 of the flsa permits law enforcement personnel to be employed on an occasional and sporadic basis performing civilian functions for their employer. How does the flsas 207k exemption for law enforcement and firefighters work.
I am struggling with some of the unique components of the flsa that only apply to public sector workers. Section 7a of the fair labor standards act flsa requires that covered, non exempt employees must be paid overtime pay at a rate not less than one and onehalf times their regular rates of pay for all hours worked in excess of 40 hours in a work week unless an employer makes a 7k election for police. Understanding how the federal labor law impacts police departments is. As one would expect, exemptions are narrowly construed against the employer asserting them. Posted in class actions, exemptions a federal judge has ruled that a dispatcher, who was suing as the named plaintiff in a flsa collective action seeking overtime, was not able to prove that he was similarly situated to other employees and this the judge refused to grant even the conditional certification necessary to keep the case going. The trucking company provided considerable evidence of the employees job duties. Walling, for example, the court stated that to extend an exemption to other than those plainly and unmistakably within its terms and spirit is to abuse the interpretative process and to frustrate the announced will of the people. Employees employed in a bona fide administrative capacity are not subject to, and are exempt from, the flsas overtime provisions, provided that they are paid a.
Circuit court agrees crane dispatcher exempt from flsa. Under section 7a of the flsa, overtime compensation is determined on a workweek basis. To be exempt, police command officers must meet the salary tests and duties tests requirements see, coverage under the flsa. Department of labor dol ruled in an opinion letter recently made available. Civilian police department employees such as public safety dispatchers do not qualify for the fair labor standards acts flsa partial overtime. Other jobs, while governed by the flsa, are considered exempt from the flsa overtime rules.
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