Our agency serves as the e911 call and dispatch center for the. We employ civilian public safety dispatchers who handle dispatching for both the police and fire departments. District police dispatchers must be able to work any of three shifts covering twentyfour hours a day, seven days a week. It has been alleged that a number of fire departments are illegally denying overtime pay to their dispatchers and aeromedical technicians. The flsa requires employers pay employees for all hours worked. The flsas overtime pay provisions for law enforcement and. This may vary from handler to handler, dog to dog, and job to job. Military working dog handlers, and 911 center dispatchers assigned to duties within the law enforcement division, directorate of emergency services, fort drum, new york.
Current and former dispatchers and aeromedical technicians paramedics assigned to air ambulance helicopters employed by police and fire departments. A public agency cannot utilize the higher cap by simple classification or. A police dispatcher lateral may be assigned to either a day, swing, or graveyard shift on a regular, rotational basis that includes nights, weekends, and holidays. It is the citys policy that all aspects of employment and promotion shall be without regard to sex, marital status or disability except where dictated by requirements of the position, race, sexual orientation, political affiliation, religious creed, color, national origin or age. Dispatchers are assigned to answer all 911 emergency and nonemergency calls for police, fire and emergency medical services. The threat grows by mark tabakman on november 30, 2009. Under the flsa, employers generally are required to pay their employees a minimum wage for each hour worked, as well as timeandonehalf overtime. In lieu of the employer providing overtime, public safety dispatchers can receive flsa compensatory time comp time. Mandatory overtime as a 911 dispatcher end your sleep. Develops and maintains a working knowledge of all positions in the police emergency communications center. Fire protection personnel include firefighters, paramedics, emergency medical technicians, rescue workers, ambulance personnel, or hazardous materials workers who. Currently our staffing level is at a critical level. A federal judge has ruled that a dispatcher, who was suing as the named plaintiff in a flsa collective action seeking overtime, was not able to. Enters information directly into a computer as it is being broadcast over the radio or obtained over the phone.
Police dispatcher after successful completion of training and satisfactory performance. You must pay overtime to law enforcement employees for hours that exceed. This fact sheet provides general information concerning the application of the flsa to law enforcement and fire protection personnel of state and local governments. Joint crafts council is an organization of various unions that has been recognized as collective bargaining representatives of certain groups of city employees. Cases upholding the exempt status of dispatchers pursuant to the administrative exemption of the flsa generally have focused on. During an average week i am pulling four 16 hour shifts. Under the fair labor standards act, however, that is not the test. Fair labor standards act flsa faq the online wages. These employees usually receive pay biweekly and have 28day flsa pay periods. Department of labor dol ruled in an opinion letter recently made available. Dispatchers generally work within call centers or actual.
Flsa requirements for public safety employees oracle docs. Coordinates response with other public safety agencies as needed. Dispatchers must be available around the clock, so they often have. Assists dispatchers and 911 operators with procedures, resolving complex calls. The fair labor standards act of 1938 flsa is the federal law that regulates the wages and hours worked by employees engaged in interstate commerce. Some police officers and fire protection employees have 28day work periods.
Dispatchers are used in the towing and recovery industry, taking requests for tow companies and sending motorists. Dispatchers perform very important functions for transportation services, public utilities, and emergency services, such as the police, fire and emergency medical services. Criminal background check preemployment criminal background checks are required for all staff and faculty positions. Flsa comp time is another one of those special provisions that apply only to public agency employers. Future expansion in the number of jurisdictions this dispatch center will handle is possible. This does include jailers who may not be sworn, but does not include clerks, dispatchers, and other nonsworn employees.
Home wage and hour exemptions ohio judge finds dispatchers to be exempt administrative employees. Dispatchers are first responders, not clerical help police, fire and ems dispatchers are vital components on the spectrum of emergency response personnel. Standard flsa overtime hours of work rules are found in 5 cfr 551. You indicate that the dispatchers are nonexempt employees who do not meet the requirements for exemption under flsa section 7k or a1. The flsa requires that all covered nonexempt employees be paid overtime pay at no less than time and onehalf their regular rates of pay for all hours worked in excess of 40 in a workweek. A police k9 handlers flsa pay is supposed to be calculated based on all the time spent performing k9 activities which are reasonably related to maintain the police dog for the job. Chamberlain, kaufman and jones is a law firm with a nationwide reputation in helping employees receive the wages they are due for all hours worked, specializing in overtime law specifically collection of unpaid overtime pay due under the federal fair labor standards act flsa. The flsa overtime requirements for public safety employees are different from those of other employees, because a specified number of work hours is needed within the flsa work period before the flsa rate can be applied to overtime pay. Payment obligations under flsa for waiting time and oncall time by bruno w. Guidance on applying flsa overtime provisions to law. A city in missouri recently settled an flsa lawsuit filed by a small group of civilian police dispatchers whose flsa claims were very similar to.
The fair labor standards act has two exceptions from its overtime pay rules for nonexempt employees who work different numbers of hours from week to week. Civilian police department employees such as public safety dispatchers do not qualify for the fair labor standards acts flsa partial overtime. Visually monitors unit status on a screen in order to maintain knowledge of the. Look here for a post i wrote about the fluctuating workweek method, which can. An equal opportunity employer the city of alameda encourages minorities, women and the disabled to apply. Cases upholding the exempt status of dispatchers pursuant to the administrative exemption of the flsa generally have focused on whether the position requires the performance of decisionmaking duties and analysis beyond mere communication and tracking of vehicles. Apply to communication specialist, public safety officer, communications officer and more. Dispatchers must complete tddtty training every 6 months. The fair labor standards act flsa can be found under title 29 of the united states code, with the portions relating specifically to public employees in subtitle b, chapter v, subchapter a, part 553. Payment obligations under flsa for waiting time and on. Dispatchers also send tow trucks to assist police and fire agencies for emergency situations. A police dispatcher is the first person contacted when emergency assistance is requested. Police and fire employees have to be considered separately, e. With the exception of a few states, dispatchers are entitled to overtime if they work more than 40 hours in a sevenday workweek.
Overtime rules for police and law enforcement employees. I believe this is a pervasive issueproblem for this industry, as many trucking and bus employers classify their dispatchers as exempt from overtime, believing that they are part of management. The center is a consolidated dispatch center serving multiple agencies. Although dismissed, the case raises the specter of the exempt status of dispatchers in the trucking and bus industry. Current and former police officers claimed that the city violated the fair labor standards act flsa, 29 u. Provides classroom instruction to police officer recruits, other police dispatchers, and public safety 911 operators.
Employees who are employed as dispatchers who provide emergency communications to police officers, firefighters, public safety personnel and who direct equipment to fire, crime and accident scenes, generally must be paid overtime when they work over 40 hours in work week. Scheduled work hours, actual work hours, public safety. An employers failure to pay dispatchers overtime when overtime is due and required is a violation of the fair labor standards act flsa and can result in a lawsuit similar to the one against camden city. Apply to police dispatcher, call taker, dispatcher and more. Police, fire, and ambulance dispatchers work in emergency communication centers called public safety answering points psaps. The fair labor standards act is designed to insure that wage earners are compensated for.
Ensures emergency communications equipment is in proper working order at all times. Ohio judge finds dispatchers to be exempt administrative. Mtas was asked whether e911 dispatchers qualify for the 207k exemption for. Civilian police department employees such as public safety dispatchers do not qualify for the fair labor standards acts flsa partial overtime exemption for police and firefighters set forth in 29 u. Receive, evaluate, and act upon emergency and nonemergency telephone. Learn about special issues in applying the fair labor standards act flsa to police and fire employees such as the option to define an extended workweek, application to small departments, different ceilings on accrual of compensatory time, and rules for volunteer versus paid oncall fighters. Most dispatchers are responsible for relaying information to drivers and technicians so businesses work smoothly and efficiently. The trucking company provided considerable evidence of the employees job duties. If they work all their assigned shifts, the dispatchers are paid 80 hours of straight time and four hours of.
Preemployment urinalyses drug screens are also required for all top candidates considered for positions in accs college police department. Fair labor standards act for police and fire employees. For example, hours in a paid nonwork status, which are hours of work under title 5 overtime rules but not under the standard flsa overtime rules, would be counted as hours of work in applying flsa overtime rules to federal employees. Their work periods vary from seven to 28 days, depending on the work period. Ohio judge finds dispatchers to be exempt administrative employees by noel p. In 1966, the act was amended to include school, hospital, nursing home and local transit employees.
The communications and records section dispatches university police and other public safety personnel, and operates as the primary campus public safety answering point, using an enhanced 911 telephone system. Katz and shirley shu the fair labor standards act flsa, the federal law that governs the payment of wages to employees, is enforced by the u. Dispatchers regularly exercise discretion and independent judgment, and are exempt under the bona fide administrative exception of the flsa. Direct supervision is received from the police chief, lieutenant, officer in charge, and lead police dispatcher. Should dispatchers be officially classified as first. Cocopah indian tribe hiring police dispatcher in somerton. Primary duty is to exercises appropriate management responsibility over 2 or more police dispatcher gs215106, and has the authority to make or recommend hiring, firing, or other status change decisions, when such recommendations have particular weight. The dispatchers work an average of 42 hours per week. Emergency service dispatchers are specialists which perform communication duties for emergency medical services, emergency management, fire departments and law enforcement agencies of rice county and the cities located within. Another flsa class action on exempt status of dispatchers. Learn about special issues in applying the fair labor standards act flsa to police and fire employees such as the option to define an extended workweek, application to small departments, different ceilings on accrual of compensatory time, and. Initially, the flsa applied only to private employers. Police dispatcher iii job summary under general supervision processes requests for service from the public, from outside entities such as other law enforcement agencies, or service providers, as well as from within the department, and acts as either a communication training officer cto or subject matter expert sme.
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