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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
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Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Are civilian employees of the Sheriff's Office [State of Indiana]

Customer Question

Are civilian employees of the Sheriff's Office [State of Indiana] under the Fair Labor Standards Act or the Garcia law regarding emergency services personnel?
Submitted: 7 months ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The FLSA is the same thing as the Garcia Act. Emergency services personnel have a separate set of rules UNDER THE FLSA, which allows them to be put on a work cycle before overtime accrues. For law enforcement the cycle is a 171 cycle, requiring them to work 171 hours in 21 days before the overtime payments begin. This cycle is applied to all employees of the law enforcement agency, commissioned employees as well as civilian employees.
Whether or not the employer uses the 171 cycle for emergency service employees is solely at the discretion of the employer and the employer does not have to do so, it is merely an optional alternative that favors the employer.

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