Police Employee Compliance With Fair Labor Standards Act PDF

* * OFFICE OF THE CHIEF OF POLICE ADMINISTRATIVE ORDER NO. 3 SUBJECT: July 9, 2009 OBLIGATION OF ALL EMPLOYEES TO ENSURE COMPLIANCE WITH ESTABLISHED THE FAIR LABOR STANDARDS ACT - This Order consolidates all prior directives concerning employee responsibilities relating to the Fair Labor Standa...

* * OFFICE OF THE CHIEF OF POLICE ADMINISTRATIVE ORDER NO. 3 SUBJECT: July 9, 2009 OBLIGATION OF ALL EMPLOYEES TO ENSURE COMPLIANCE WITH ESTABLISHED THE FAIR LABOR STANDARDS ACT - This Order consolidates all prior directives concerning employee responsibilities relating to the Fair Labor Standards Act (FLSA) and establishes those responsibilities under one Section in the Department Manual. PURPOSE: NOTE: Violation of FLSA Policy is serious misconduct. This Order pertains to sworn employees at the rank of Lieutenant and below, as well as civilian employees who are eligible to receive overtime compensation. PROCEDURE: I. No work may be done outside the employee's scheduled work hours unless approved in advance by his or her immediate supervisor. EMPLOYEE'S RESPONSIBILITIES. Exception: Court appearances (including "on-call court") and emergency situations requiring immediate law enforcement intervention do not require pre-approval . Employees shall not perform Department duties outside scheduled work hours without ensuring the following: * * Advise a supervisor of overtime status as soon as possible, but in no event later than the end of the employee's EOW for that day? Ensure that the Daily Field Activities Report, Form 15.52.00, Daily Sign- in Sheet, Sergeant's Daily Report, Form 15.48.00, or Watch Commander's Daily Report, Form 15.80.00, accurately records actual (not scheduled) start of watch, Code Seven, and EOW time; Employees who are required to take an unpaid Code Seven are required to properly log their Code Seven and to report their inability to take Code Seven as time worked. Note: * Complete an Overtime Report, Form 02.24.00, as soon as practicable (e.g., as soon as the emergency allows, EOW, etc.); and, ADMINISTRATIVE ORDER NO. 3 -2- July 9, 2009 Note: If court overtime is worked when an employee's next scheduled work day occurs after the end of the respective pay-period, the employee shall telephonically report overtime the same day to a supervisor at his or her division and include the compensated time for making a telephonic report. * II. Immediately report any employee, regardless of rank or title, who attempts to pressure or coerce an employee to work overtime without compensation, to the authority in their chain of command above the source of the pressure or coercion, or to Professional Standards Bureau. SUPERVISOR'S RESPONSIBILITIES. Supervisors must ensure that a subordinate is compensated for all legitimate overtime, whether pre-approved or not. If an employee violates the Department's overtime policy or procedures, a supervisor cannot deny the employee compensation. Rather, the supervisor shall ensure that the employee submits an Overtime Report and the supervisor shall counsel (or when appropriate, initiate disciplinary action against) the employee. All violations of the Department's FLSA policy or procedures shall be documented . Note: The Fair Labor Standards Act obligates the Department to enforce its overtime policy and procedures . Any discipline resulting from an employee's failure to adhere to the Department's policy and procedures is not retaliation for requesting overtime compensation. Rather, such discipline is for violating established Department policy and procedure. In an effort to ensure employees comply with Department policy and procedures, supervisors shall: * * Monitor employees (to the extent reasonably possible) to make sure they are not working outside their scheduled work hours without compensation; Review daily logs for completion and accuracy. If a daily log is missing a Code Seven, identify if it is due to employee oversight or if the employee worked through his or her unpaid Code Seven; ADMINISTRATIVE ORDER NO. 3 * * III. IV. -3- July 9, 2009 Monitor employees to ensure timely submission of Overtime Reports for all overtime worked; and, If a watch commander or supervisor believes he or she needs to report to work early to prepare for roll call, he or she shall obtain prior approval from their immediate supervisor. If a watch commander or supervisor receives approval to report early for a shift, his or her work hours should be adjusted, if possible, so that they remain consistent with his or her total number of scheduled work hours, barring exigent circumstances. Commanding officers COMMANDING OFFICER'S RESPONSIBILITY. shall ensure employees adhere to the procedures outlined in this Order. Commanding officers are strongly encouraged to conduct audits of their command and document any violations of the Department's FLSA policy . BUREAU COMMANDING OFFICER'S RESPONSIBILITY. Bureau commanding officers shall ensure that all violations of the Department's FLSA policy or related procedures are promptly documented, investigated, and appropriate action is taken. This Order supersedes all previously published Department directives related to employee compliance with FLSA and adds Section 3/708.02 and amends Section 3/222.20 of the AMENDMENTS: Department Manual . The Commanding Officer, Internal Audits and Inspections Division, shall monitor compliance with this directive in accordance with Department Manual Section 0/080.30. AUDIT RESPONSIBILITY: WILLIAM J. BRATTON chief of Police DISTRIBUTION nD"