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State Police / Trooper academy and FLSA?

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  • State Police / Trooper academy and FLSA?

    For those state employees who attend a military style 24hr Bootcamp style academy; how are you compensated for your training hours?

    Are you only allowed to count classroom training hours?

    Are you allowed to count morning or afternoon required PT as time?

    Are you regulated to staying on the employers premise; with restrictions on visitors, phones, tv, Internet, reading material, and food?

  • #2
    The below is some of our state policy. As I read over the state policy and flsa fact sheet it would appear that since our state employees are under strict control for 24hrs that they should be compensated for 16hrs of the 24hr day.


    Regulations governing the Act state that, "Work not requested but suffered or permitted is work time. In all cases it is the duty of management to exercise its control and see that work is not performed if it does not want it to be performed. The mere promulgation of a rule against [performing work during non-scheduled working hours] is not enough." If an employee alleges that he or she worked before or after normal working hours or during a meal period when he or she was permitted to occupy his or her work station, and that the employee is entitled to overtime payments as a result, the burden of proof that no work was performed is on the agency.



    6. Standards for Working Hours, Meals, Breaks and On‑Call Time

    On-call time is not work time unless an employee is required to remain on the agency’s premises or is so restricted that he or she cannot use the time effectively for his or her own purposes.


    TIME SPENT DURING REGULAR WORKING HOURS
    Work Time
    - Meal periods (1) if employees are not free from active or inactive performance of duties; (2) if too short to be useful to employees (1/2 hour usually required)

    - Principal activities

    - Rest periods of 20 minutes or less

    - Sleeping time if tour of duty is less than 24 hours

    - Stand-by time (1) during lunch periods; (2) during work shutdowns

    - Training programs required by employer


    TIME SPENT BEFORE, AFTER OR BETWEEN REGULAR WORKING HOUR

    Work Time

    - Changing clothes if required by nature of work.

    - On-call time where employee cannot use the time effectively for his or her own purpose.

    - Preparatory work if a part of principal activities.

    - Training in regular duties at employer’s direction to increase efficiency

    - Washing up or showering if required by nature of work.

    Comment


    • #3
      from the flsa fact sheet:

      Application of Principles

      Employees "Suffered or Permitted" to work: Work not requested but suffered or permitted to be performed is work time that must be paid for by the employer. For example, an employee may voluntarily continue to work at the end of the shift to finish an assigned task or to correct errors. The reason is immaterial. The hours are work time and are compensable.

      Waiting Time: Whether waiting time is hours worked under the Act depends upon the particular circumstances. Generally, the facts may show that the employee was engaged to wait (which is work time) or the facts may show that the employee was waiting to be engaged (which is not work time). For example, a secretary who reads a book while waiting for dictation or a fireman who plays checkers while waiting for an alarm is working during such periods of inactivity. These employees have been "engaged to wait."

      On-Call Time: An employee who is required to remain on call on the employer's premises is working while "on call." An employee who is required to remain on call at home, or who is allowed to leave a message where he/she can be reached, is not working (in most cases) while on call. Additional constraints on the employee's freedom could require this time to be compensated.



      Typical Problems

      Problems arise when employers fail to recognize and count certain hours worked as compensable hours. For example, an employee who remains at his/her desk while eating lunch and regularly answers the telephone and refers callers is working. ---- This time must be counted and paid as compensable hours worked because the employee has not been completely relieved from duty. -----

      Comment


      • #4
        So are you one of those who's going to sue for being hired and sent to the academy? Were you ever in the .Mil? If so, you weren't paid OT.

        Go ahead, file that suit. Clownshoes..
        Now go home and get your shine box!

        Comment


        • #5
          I went to a few academies (city, state, federal) and no one (student/trainee) ever watched the clock. You want to test them? Go ahead (LOL), but please record it and post the video.
          They Don’t Think It Be Like It Is, But It Do.

          Comment


          • #6
            You will be compensated in accordance with what everyone else receives. If you are a special snowflake that feels you deserve more, there are probably at least 25-50 more well-qualified candidates who will happily accept your spot that will inevitably open. The academy is not the place to worry about your hours/pay. There will be plenty of time for that when you become a permanent employee.

            Comment


            • #7
              Originally posted by Thomas Durrant View Post
              For those state employees who attend a military style 24hr Bootcamp style academy; how are you compensated for your training hours?

              Are you only allowed to count classroom training hours?

              Are you allowed to count morning or afternoon required PT as time?

              Are you regulated to staying on the employers premise; with restrictions on visitors, phones, tv, Internet, reading material, and food?
              Saved for the BI
              Now go home and get your shine box!

              Comment


              • #8
                Originally posted by Thomas Durrant View Post
                from the flsa fact sheet:

                Application of Principles

                Employees "Suffered or Permitted" to work: Work not requested but suffered or permitted to be performed is work time that must be paid for by the employer. For example, an employee may voluntarily continue to work at the end of the shift to finish an assigned task or to correct errors. The reason is immaterial. The hours are work time and are compensable.

                Waiting Time: Whether waiting time is hours worked under the Act depends upon the particular circumstances. Generally, the facts may show that the employee was engaged to wait (which is work time) or the facts may show that the employee was waiting to be engaged (which is not work time). For example, a secretary who reads a book while waiting for dictation or a fireman who plays checkers while waiting for an alarm is working during such periods of inactivity. These employees have been "engaged to wait."

                On-Call Time: An employee who is required to remain on call on the employer's premises is working while "on call." An employee who is required to remain on call at home, or who is allowed to leave a message where he/she can be reached, is not working (in most cases) while on call. Additional constraints on the employee's freedom could require this time to be compensated.



                Typical Problems

                Problems arise when employers fail to recognize and count certain hours worked as compensable hours. For example, an employee who remains at his/her desk while eating lunch and regularly answers the telephone and refers callers is working. ---- This time must be counted and paid as compensable hours worked because the employee has not been completely relieved from duty. -----
                Saved for the BI.
                Now go home and get your shine box!

                Comment


                • #9
                  I stayed at a holiday inn during my academy.

                  Did agency policy follow me into the bar fly's room and down her rabbit holes?

                  Yes it did! Was I paid for this? No. Was she?
                  semper destravit

                  Comment


                  • #10
                    First, you are seriously considering filing an FLSA suit while you're still a recruit? You're a special kind of stupid aren't you?

                    Second, the FLSA makes a series of exceptions for law enforcement recruit academies. For example, your "engaged to wait" language is not applicable to a police academy, among other things.

                    Third, you might as well quit now. Anybody who is this willing to stir the pot while still a recruit is the same kind of person who will try to find loopholes in the laws (that they don't fully understand) and work in the gray areas of the laws. Those kind of people make the bad case law that the rest of us have to endure. Please, just find another line of work. Maybe a community organizer. You seem like the type.
                    Originally posted by kontemplerande
                    Without Germany, you would not have won World War 2.

                    Comment


                    • #11
                      Our academy started NLT 2200 on Sunday until 1700 Friday for 27 weeks. We were compensated on graduation day when they called you Trooper. Something tells me Tom qualifies for promotion to "special snowflake".
                      I make my living on Irish welfare.

                      Comment


                      • #12
                        This will be the guy who provides the class with some extra work out time out back with the instructors.

                        Comment


                        • #13
                          Originally posted by m.p.c View Post
                          This will be the guy who provides the class with some extra work out time out back with the instructors.
                          Or the guy on Friday evenings with: "Sir, I have one question.........."
                          I make my living on Irish welfare.

                          Comment


                          • #14
                            Originally posted by reils49 View Post
                            Or the guy on Friday evenings with: "Sir, I have one question.........."
                            Damn, I hated that guy....

                            Comment


                            • #15
                              you are salary in my state academy. they will do what they please. their feelings are, if you don't like it leave.

                              Comment

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