Thread: Overtime Laws Help (revisited)
07-22-2004, 07:40 AM #1
- Join Date
- Sep 2003
Overtime Laws Help (revisited)
I work for a fairly large combination dept. When we are hired we are told that we are paid for a 43 hour work week, as we are mon-fri 6-3 or 8-5 or 9-6, depending on which station, of course someone needing/wanting a job agrees to this requirement. It is our depts. regular training night, (tues) and we are told we should be here to integrate with our volunteer members & "its just good for the dept."etc.... For years weve been told its legal for our managment to not pay us for the 3 extra hours a week, we get paid every other friday. Its really caused a moral problem with our staff of 14 full time ffrs. Some say were "exempt" from the overtime, and some say we should get paid for any admin meetings held on those Tuesday nights, but not for actual fire/ems training! Our guys who dont need the training "hours", because they are volunteers/instructors etc...hate being forced to be here those nights, others would come happily anyway if it werent mandetory and we dont get on apparatus if we have calls during meeting/training because of the 5 volunteers here. Who knows, my guys as well as I just want to know are we getting screwed finacially. I dont agree with it, but have dealt with it for years, its just hard to motivate my guys and keep them looking at the big picture with regard to this issue. I would appreciate any response.
07-22-2004, 10:12 AM #2
If you go to the USDOL (Department of Labor) website you can find laws and explanations if you do a little digging. FLSA and Wage and Hour will narrow your search. This has been discussed before so you can also search the forums for other threads on the topic.
A few other random thoughts:
Required training must be compensated. Voluntary training doesn't always, but it depends. . .
The FLSA says that firefighters generally must be paid OT when they work more than 212 hours in a 28 day work period (or hours in the same proportion, like 106 hours in 14 days, etc.). That's actual on-duty time, it doesn't usually include vacation, sick, or other leave.
The 28 day work period does not have to coincide with your pay cycle or be the same length as your pay cycle (you can have a 14 day pay cycle and a 28 day OT cycle that start on different days).
And, of course, you could have a CBA that modifies these rules, in which case it's not a federal Wage & Hour issue (as long as they are meeting the minimums set forth in the FLSA).
Hope this helps some.ullrichk
a ship in a harbor is safe. . . but that's not what ships are for
07-22-2004, 10:40 AM #3
Mostly what ullrichk said.
Here's a link to a DOL page about FLSA and public safety.
If they're making attendance mandatory, they probably have to pay you but it would likely be straight time rather than overtime.
07-22-2004, 11:33 AM #4
- Join Date
- Jul 2004
Do you guys work under a Collective Agreement? If so, what does your article on Overtime dictate? As well, do you have anything in writing that tells how they may change your hours of work? Because that is effectively what you are doing. Will you be remaining on Duty while you are there (available for calls)? If so, this would be considered regular duty.
I have been down this road in a composite department. Can be tricky.Rob - FF/Operator
IAFF Local 268
"Regret Is A Wasted Emotion"
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