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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 30778
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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Police Officers as define by the DOL. The city changed

Customer Question

Police Officers as define by the DOL.

The city changed our overtime pay structure. The City only calculates hours worked in calculating overtime pay (as in other states). For example: If an officer is off work on a vacation day or sick day in a work week, and that officer works 14 hours in one day (4x10 schedule) the city will not pay the 4 hours of overtime until they have worked more than 40 hours in the work week. If we work three 14 hour days and took off a day, we only get paid 2 hours of overtime. We did not agree to this change and we feel it violates the DOL wage and hour. What is the rule on calculating overtime for police officers?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

I will need to know what State you work in.
Customer: replied 1 year ago.


HI Marsha,


 


We are in California.

Expert:  Marsha411JD replied 1 year ago.
Thank you for that information. Unfortunately California Employment Law is a separate category that no one outside of that State is allowed to answer. So, I am going to have to OPT OUT of working on your question, but I will send it to a Cali Law attorney and they should be with you shortly.

Customer: replied 1 year ago.


Thank you!

Expert:  Tina replied 1 year ago.
Hello and welcome,

I would be happy to assist you and am working on your answer now.
Customer: replied 1 year ago.


Thank you Tina!

Expert:  Tina replied 1 year ago.
My pleasure.

CA law does typically require that overtime be paid for all hours exceeding 8 per day, so the employer should be paying employees time and 1/2 for the excess hours, even if they do not work 40 hours in a workweek normally.

Police officers have specifically been found to be non-exempt workers by CA courts and should be paid overtime in this manner typically.

Here is a link that summarizes state law and sets out various exemptions to the overtime rules:

http://www.harriskaufman.com/overtime.htm

A wage claim could be filed with the state labor board, or you could retain a local employment law attorney to communicate a demand to the employer or take legal action. If there are a significant number of employees affected by the employer's practice, then I would normally retain an attorney collectively as you could share in the cost of retaining an attorney so it would be less expensive for each employee involved.

The state and local bar associations can provide attorney referrals for you.


It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time.

Kindly remember to rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.

Thank you very much and all the best to you,

Tina

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Tina, Attorney
Satisfied Customers: 30778
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
Tina and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi TIna,

Thank you for your reply! Is it true that California Labor Code section 510 does not apply to public entity employers, which include Cities and their police departments? I read that Public entity employers are free to set their own wage and hour requirements, as long as they comply with federal law? And federal law requires overtime only after forty hours in a workweek. This seems unfair if its true.

Expert:  Tina replied 1 year ago.
Yes, it is true that public employers are exempt from the provision of Section 510 unfortunately, so such employers must comply with federal law only with regard to the payment of overtime. I'm sorry. It is a subject of continuing debate, but that is the law as it stands currently.

Here is a link that provides more information on this issue:

http://www.shawvalenza.com/publications_archived.php?id=231


It has been my pleasure to assist you. Good luck to you and take care.



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