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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 34398
Experience:  More than 30 years in legal practice.
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May a police officer who is a regular employee of the entity

Customer Question

May a police officer who is a regular employee of the entity perform contact work as a bailiff for the same entity?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Texas, I was looking at the Federal labor law.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: at will, full time. bailiff would be once a month for 4 hours.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Employment Law
Expert:  Loren replied 1 month ago.

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

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Unless there is an employment contract providing to the contrary, a police officer may take part time work. It is not illegal.

Their may be policy with the department that it must be disclosed and approved, but it is not illegal, in and of itself.

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Customer: replied 1 month ago.
I must have worded my question incorrectly; the officer work be working at an hourly rate of pay for their regular job and in addition working as contract labor (bailiff) for the same employer.
Expert:  Loren replied 1 month ago.

Thank you for the clarification. FLSA does not prohibit an employer paying the same employee at different rates for different types of work, so long as it does not violate minimum wage or overtime. Though, it makes overtime calculation a bit more complicated.

Expert:  Loren replied 1 month ago.

Here is a DOL opinion on point which makes it clear that nothing in the FLSA prohibits an employer from paying an employee at different rates for various types of work as long as no rate is less than the statutory minimum wage.

DOL OPINION

Expert:  Loren replied 1 month ago.

Did you have further questions? Please let me know if I have answered your question.

Customer: replied 1 month ago.
Does not answer the question.
Expert:  Loren replied 1 month ago.
Let me rephrase that. Yes, a police officer may also work as a contractor for the county in a different capacity than. his police employment