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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Police Officers as define by the DOL. The city changed

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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?

I will need to know what State you work in.
Customer: replied 4 years ago.

HI Marsha,


We are in California.

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 4 years ago.

Thank you!

Hello and welcome,

I would be happy to assist you and am working on your answer now.
Customer: replied 4 years ago.

Thank you Tina!

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:

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.

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Tina, Attorney
Satisfied Customers: 33167
Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.
Tina and other California Employment Law Specialists are ready to help you
Customer: replied 4 years 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.

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:

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

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