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View Full Version : FLSA, Exempt, non-exempt WTF???



2971511
11-14-2008, 08:43 PM
Currently in my agency (USPP), officers and Sgt's make overtime, and LT's and above do not ....

This creates some interesting situations, Sgt. make 10, 20, 30 K more than LT's and even Captains, and many Sgts are refusing promotion because they feel it would be a pay cut.


So, where a Sgt. was working more than 40 hours per week and would be making say $60. per hour in OT. a LT working right next to that sgt. would only be making their regular $44. per hour even if they were on their 50th or 60th hour that week ......

What ranks in your dept. are allowed to collect overtime, and what ranks are considered "salary only"

If anyone knows of any web sites where I could research this and figure out how and if we could get this reversed, that would be great....

thanks

JSSD
11-14-2008, 09:08 PM
In my department the cut off is Sergeant also. Everybody above that belongs to a different union. I don't know why that is, maybe because those postions are seemed more as managers.

mdrdep
11-14-2008, 09:45 PM
In my dept. Lt. and below gets paid overtime. Capt. and up is considered executive. But they also go into an entire different pay program and are cashed out all their accrued time when they promote. So upon making capt. you could get a hefty check for all your saved holiday, vacation, sick, and saved time. They then get to pretty much set their hours on something the county calls "Megaflex" time.

L-1
11-14-2008, 11:20 PM
The Fair Labor Standards Act (FLSA) prohibits compensating exempt employees for overtime worked either formally (cash) or informally (time off). However to even the playing field and prevent an employer from taking advantage of an exempt employee, other rules come into play.

First, the exempt employee and their employer must establish a mutually agreed upon job description. Once that is done, the exempt employee is required to work however many hours are necessary to meet that job description. If he must work overtime to do so, he cannot be compensated for that extra effort. However, provided that his job description is satisfactorily carried out, the exempt employee has the discretionionary decision making authority to:

1. Take less than a full day off from work without being penalized or using leave credits.

2. Take less than a full day off from work without permission.

3. Within reason, modify his working hours and working days

4. Within reason, work from an alternate location (such as catch up on paperwork from home, where it is quiet).

Again, the exempt employee does not have to work a minimum number of hours each day. If he finishes early, the employer may not require him to perform other duties outside his mutually agreed upon job description just to keep him busy. He also may not be asked to account for his time, such as telling his employer when he started, when he stopped or how many hours he actually worked on a given day that he was at work, unless the Department is billing someone else for his services.

Should the employer violate these conditions, the exempt employee may file a class action lawsuit alleging that he and all employees in the same rank have been improperly classified as FLSA exempt when in fact, they are hourly employees. If he prevails, the Department of Labor can authorize the payment of three years back overtime plus a 200% penalty for all persons in the affected class. That can be a huge chunk of change.

Most people who go for exempt positions do so to enhance their pensions and because of the tradeoff for different working conditions.

Monkeybomb
11-14-2008, 11:57 PM
Same here. Lt and above are deemed staff officers and are exempt. They just take off hours worked over when they can.

Guams
11-15-2008, 07:48 AM
With my department, Sergeant's and above are on salary. Anything below Sgt. gets overtime pay.

Chiller
11-15-2008, 08:07 AM
Currently in my agency (USPP), officers and Sgt's make overtime, and LT's and above do not ....

This creates some interesting situations, Sgt. make 10, 20, 30 K more than LT's and even Captains, and many Sgts are refusing promotion because they feel it would be a pay cut.


So, where a Sgt. was working more than 40 hours per week and would be making say $60. per hour in OT. a LT working right next to that sgt. would only be making their regular $44. per hour even if they were on their 50th or 60th hour that week ......

What ranks in your dept. are allowed to collect overtime, and what ranks are considered "salary only"

If anyone knows of any web sites where I could research this and figure out how and if we could get this reversed, that would be great....

thanks



Same way at USCP but Sgt. OT is rather limited as well....


many many many many many officers make more coin the most Sgts. Lts. and even higher including up to the Chief.

Thats the reason why ALOT dont even promote to Sgt. level...


Way too much freedom as an officer and no adult babysitting to boot

FutureGSP
11-15-2008, 08:36 AM
In my agency, we don't get overtime, we get comp time!

fedguy889
11-15-2008, 08:45 AM
Same as USPP, only officers and sgt get OT. Sgts are subject to forced ot as well. LTs and above get credit hours. HOWEVER, if a LT signs up for oT and is doing the job of an officer, they get the OT.

Smurfette_76
11-15-2008, 09:42 AM
LTs and above are salary here. Sgts often do make more money at my agency and IMHO, work harder for it. They are putting in that 60+ week while the rest are lunching from 12-1 and scootin out the door at 1630ish.

southga
11-16-2008, 08:15 AM
all officers, ptl,sgt,lt,inv, make OT, Chief is only officer not to get OT,

what kills me is the INV. they "work 8-5" get OT for being on call, and being back up on call, make ot for responding to a call...
the stupid part is they work 8:30 to 11:00, 2:00-4:00, must be nice, only time they have to work a case is when PTL already has the bad guy in custody...

Surf
11-16-2008, 11:53 AM
City charter says Asst Chiefs and up. Currently the dept has not been paying OT for Capt and above. We have already been through one FLSA law suit and things still have not changed. We all knew that our dept could not afford to change and pay proper overtime and that there would be a financial settlement but status quo. There is rumor of another suit on the horizon.

Sackett
11-17-2008, 09:06 AM
Future GSP, I wanted to let you know that the Fair Standards Labor Act for Law Enforcement say's that you have the option of either receiving overtime, or comp time. It is not up to the Chief, it is up to you according to law. They did that at my department. Of course it is par for the course to get screwed over when you work in the South. SOUTHERN OFFICERS NEED UNIONS.

just joe
11-17-2008, 09:14 AM
Lts. and above are salaried. Patrol staff, with OT, can make more in a year than command staff. I knew a LT. at another dept who was hourly and not salary who wouldn't consider putting in for the chief's job when they were looking for one because he didn't want to take a big pay cut.