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Overtime Case Law

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  • Overtime Case Law

    one of my guys got called in off duty to answer a complaint.

    He promptly responded to HQ and took care of the matter.

    He then submitted an overtime slip which was denied.

    He grieved it

    I think he has a strong case.

    Does anyone know of a similar case or any case law that was adjudicated either way?

    Thanks
    Last edited by HardBall; 02-14-2007, 11:56 AM. Reason: misspelling
    10% of the cops do 90% of the work

  • #2
    a. are you guys union?
    b. What does your contract say?
    c. Speak with your state labor relations board or whatever the equivalent is in jersey.
    For the cops out there: You are an adult. If you want to write someone, write them. If you don't want to write someone, then don't write them.

    "Jeff, you are the best cop on this board"-Anonymous Post

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    • #3
      Is your employee FLSA Exempt or FLSA Hourly?

      If he is FLSA Hourly, was he called in to correct a mistake he made?
      Going too far is half the pleasure of not getting anywhere

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      • #4
        Flsa?

        I don't know what FLSA stands for...
        10% of the cops do 90% of the work

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        • #5
          That is our timesheet. Might be a CA thing.

          What does your MOU say?
          What does your union say?

          If we get called in for ANYTHING..It's automatically a minimum of 4 hours OT.
          This profession is not for people looking for positive reinforcement from the public. Very often it can be a thankless job and you can't desire accolades, because those are not usually forthcoming. Just do your job to the best of your ability and live with the decisions you've made.

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          • #6
            Thats how it basically is with us..Besides the union and the contract I was looking for a specific case law...
            Thanks for the help
            10% of the cops do 90% of the work

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            • #7
              Originally posted by Hardball
              I don't know what FLSA stands for...
              FLSA stands for the Fair Labor Standards Act. It is a federal law that governs how people are paid. If you are FLSA hourly, you are paid for every hour worked and docked for working less than a day unless you use leave credits. These folks are entitled to overtime pay (cash or CTO).

              Unless state law or your union contract says otherwise, you must work more than 40 hours in a week before you qualify for OT under FLSA. If your friend was called back in the middle of that week, technically he would not qualify for OT until he hit the 40 hour mark. In addition, if the employer cuts one of his shifts short later in that week to keep him at or under 40 hours, then he would be entitled to OT. Again, this assumes you do not have state laws or a union contract that gives you greater rights.

              OTOH, if your friend is FLSA exempt, then he is paid a flat salary for working whatever hours are necessary to fulfill his job description. In that case, OT is not compensable.

              As others have said, look at your MOU and check with your job steward if you have them.
              Going too far is half the pleasure of not getting anywhere

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