From Montana
Question: I am trying to provide assistance to the Montana Highway Patrol Communications Division regarding the 2-2-3-2-2-3 12-hour rotating schedule.
This schedule works great for those under the 207(k) exemption in patrol but since dispatchers don’t fall under the 207(k) exemption it creates problems. Has there been any recent change to dispatcher status under the 207(k) exemption?
Answer: You’re right – dispatchers are not covered by the Section 207(k) exemption. However, there’s a simple way to make the 12-hour shift work for dispatchers and other non-sworn personnel. What has to be done is to artificially lower the hourly rate for dispatchers so that the combination of straight-time pay and overtime pay generated by the normal schedule equals the dispatcher’s former salary.
For example, let’s say that a dispatcher earning $2,000 every two weeks on a 5-8 schedule wants to change to a 12-hour schedule in a 4-3-3-4 schedule. In the first of the two weeks, the dispatcher will work 48 hours, eight of which would be overtime under the FLSA and 40 of which will be straight time. In the second of the two weeks, the dispatcher will only work 36 hours. That means the equation should be 40x + 36x + (1.5 x 8x) = $2,000.
Solving the equation means that the dispatcher who formerly earned an hourly rate of $25.00 ($2,000 bi-weekly divided by 80 hours in the bi-weekly period) will now be earning an hourly rate of $22.73. The combination of 76 straight time hours ($1727) and eight overtime hours ($273) equals $2,000, the same salary earned before the change.
Non-sworn employees using this vehicle to facilitate 12-hour shifts usually reach agreements with their employers that if they work overtime other than the overtime generated by the shift, their old overtime rate will apply. In addition, care has to be taken that such a system does not impact pension calculations or the way leave benefits are administered.
From California
Question: Can a department legally control the off-duty use of duty uniforms and T-shirts (with logos)? Our department pays us a taxable uniform allowance which we then spend on uniforms. However, these uniforms remain our property after retirement and there are no restrictions on the distribution of patches or T-shirts to civilians. Can an off-duty firefighter wear his uniform and participate in non-approved ceremonies, such as funeral processions, color guard, etc?
Answer: The general rule is that an employer can control any on-duty or off-duty use of its uniforms. That rule would apply even if the uniforms were purchased with a taxable uniform allowance.