don't let your boss keep it.
Briggle & Polan, PLLC, is a El Paso, TX and nationwide wage and hour law firm that represents law enforcement, including police and corrections officers, in unpaid wage claims under the Fair Labor Standards Act (FLSA). Our attorneys have been a long-standing police rights and FOP attorney who is currently litigating collective and class action litigation on behalf of officers.
Some of the most common wage and hour violations committed by Departments against officers include requiring arrival and start of work prior to the start of a shift and work beyond the end of a shift without compensation.
Another common violation includes misclassifying police sergeants, lieutenants and squad and platoon commanders as exempt employee not entitled to overtime compensation. In 2004, the FLSA was amended to allow for overtime compensation to officers whose primary duty is more associated with front line work than supervisory tasks. Even if an officer supervises subordinate officers, that does not exclude an officer from overtime compensation if the primary tasks performed by the officers are police work. See 29 C.F.R. § 541.3(b)(1). The Department of Labor (DOL) noted that “police sergeants, for example, are entitled to overtime pay even if they direct the work of other police officers because their primary duty is not management or directly related to management or general business operations.” 69 Fed.Reg. 22129
The 2004 regulation was added to clarify that police officers, regardless of rank, whose primary duty is law enforcement activities such as preventing and detecting crimes and conducting investigations, even as they are at the same time, directing the work of other employees in the conduct of an investigation, are not exempt from the FLSA’s overtime requirements because their primary duty is not management, as such front-line enforcement activities are not management tasks.
Other wage and hour violations against officers include failure to count all compensatory “comp” time hour worked and refusing to allowing for use of accrued comp time hours and performing work off the clock without compensation. Canine officers are also commonly denied compensation for work associated with and care of the canine.
If you are a police officer or corrections employee involved in a wage, overtime or pay dispute with your employer, contact the attorneys at Briggle & Polan, PLLC, directly at 512-472-1926 or toll free 866-247-HELP or by email for a FREE consultation.
We return client calls promptly. We work diligently, often seven days a week, to move cases forward so a fair result can be achieved as quickly as possible. If the insurance company is not willing to settle your claim fairly, we are fully prepared to take your case to trial.
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