From Delaware
Question: Are officers who graduated from the Police Academy and placed into an on the job training (i.e., Field Training Status) eligible for overtime, since they cannot operate in the field on their own?
Answer: If the officers are employees, they are eligible to receive overtime under the FLSA should they work more than the applicable overtime threshold. There is no exemption under the FLSA for employees in training status.
From Michigan
Question: Our contract has a minimum overtime call-in protection which states that “any officer called in to work at times other than when previously scheduled shall be paid a minimum of four hours at time and one half.” We are a Public Safety Department and provide both police and fire protection. The Department has taken to a policy of only paying a minimum of two hours (based on a memo of understanding with outgoing union president),and if any member opts for taking the four hours O.T. guaranteed in the contract they are given punitive assignments, such as going to street patrol after being called in to work on a fire rig, or washing equipment at late hours of night when officers in the same group are in non-maintenance work time. My questions: (1) Since the memo of understanding was entered into by a simple signature of the outgoing union president without consultation or approval by any members, and not bargained on, can the memo be discontinued as easily by the incoming union president? (2) Can you provide any court or state or federal grievance board decisions/precedents and cites that I could review on the topic of minimum call-in protection and especially what actions, if any, might be prohibited by Public Safety management in this context?
Answer: It’s interesting – this is an issue that comes up all the time, but we’ve never seen a reported case on it. It’s likely to be peculiarly a matter of local law. The questions we see that might come up would include legal questions of “agency” (whether the City has the right to rely on the apparent authority of the former president), the binding impact of MOU’s, the language of the union’s constitution and bylaws, and the like. We’d strongly recommend you consult with a local attorney about these issues.
From Florida
Question: Does the FLSA contain any provision for police officers working a 10-hour shift (09:30 - 19:30) to be entitled to “additional” meal breaks during a work day?
Answer: The FLSA contains no provisions mandating meal breaks. It only provides that in limited circumstances, if meal breaks are provided, they must be compensated.