Employment Law

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May a police officer who is a regular employee of the entity…

Customer Question
May a police officer...

May a police officer who is a regular employee of the entity perform contact work as a bailiff for the same entity?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Texas, I was looking at the Federal labor law.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will, full time. bailiff would be once a month for 4 hours.

Submitted: 8 months ago.Category: Employment Law
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Answered in 3 minutes by:
9/7/2017
Employment Lawyer: Loren, Lawyer replied 8 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 37,893
Experience: More than 30 years in legal practice.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need. I am also happy to continue online.

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.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Customer reply replied 8 months 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.
Employment Lawyer: Loren, Lawyer replied 8 months 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.

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Employment Lawyer: Loren, Lawyer replied 8 months 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

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Employment Lawyer: Loren, Lawyer replied 8 months ago

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

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Customer reply replied 8 months ago
Does not answer the question.
Employment Lawyer: Loren, Lawyer replied 8 months 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
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