Assists dispatchers and 911 operators with procedures, resolving complex calls. The threat grows by mark tabakman on november 30, 2009. Visually monitors unit status on a screen in order to maintain knowledge of the. Dispatchers generally work within call centers or actual. The center is a consolidated dispatch center serving multiple agencies. Military working dog handlers, and 911 center dispatchers assigned to duties within the law enforcement division, directorate of emergency services, fort drum, new york. Guidance on applying flsa overtime provisions to law. 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. 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. Home wage and hour exemptions ohio judge finds dispatchers to be exempt administrative employees. With the exception of a few states, dispatchers are entitled to overtime if they work more than 40 hours in a sevenday workweek. The flsa requires employers pay employees for all hours worked. 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. Future expansion in the number of jurisdictions this dispatch center will handle is possible.
Under the fair labor standards act, however, that is not the test. 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. 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. Fair labor standards act flsa faq the online wages. Payment obligations under flsa for waiting time and oncall time by bruno w. 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. 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. Our agency serves as the e911 call and dispatch center for the. The flsas overtime pay provisions for law enforcement and. Department of labor dol ruled in an opinion letter recently made available. 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.
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 communication specialist, public safety officer, communications officer and more. If they work all their assigned shifts, the dispatchers are paid 80 hours of straight time and four hours of. Dispatchers must complete tddtty training every 6 months. Most dispatchers are responsible for relaying information to drivers and technicians so businesses work smoothly and efficiently.
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. Fire protection personnel include firefighters, paramedics, emergency medical technicians, rescue workers, ambulance personnel, or hazardous materials workers who. 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. 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. Mandatory overtime as a 911 dispatcher end your sleep. 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. Police, fire, and ambulance dispatchers, also called public safety telecommunicators, answer emergency and nonemergency calls work environment. Joint crafts council is an organization of various unions that has been recognized as collective bargaining representatives of certain groups of city employees. During an average week i am pulling four 16 hour shifts. Flsa comp time is another one of those special provisions that apply only to public agency employers. A police dispatcher is the first person contacted when emergency assistance is requested. Dispatchers perform very important functions for transportation services, public utilities, and emergency services, such as the police, fire and emergency medical services.
Dispatchers must be available around the clock, so they often have. Under the flsa, employers generally are required to pay their employees a minimum wage for each hour worked, as well as timeandonehalf overtime. These employees usually receive pay biweekly and have 28day flsa pay periods. 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. Dispatchers regularly exercise discretion and independent judgment, and are exempt under the bona fide administrative exception of the flsa. Enters information directly into a computer as it is being broadcast over the radio or obtained over the phone.
Receive, evaluate, and act upon emergency and nonemergency telephone. 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. 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. In lieu of the employer providing overtime, public safety dispatchers can receive flsa compensatory time comp time.
An equal opportunity employer the city of alameda encourages minorities, women and the disabled to apply. Standard flsa overtime hours of work rules are found in 5 cfr 551. Dispatchers also send tow trucks to assist police and fire agencies for emergency situations. In 1966, the act was amended to include school, hospital, nursing home and local transit employees. Should dispatchers be officially classified as first. Some police officers and fire protection employees have 28day work periods. Their work periods vary from seven to 28 days, depending on the work period. It has been alleged that a number of fire departments are illegally denying overtime pay to their dispatchers and aeromedical technicians. 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. Look here for a post i wrote about the fluctuating workweek method, which can. Ohio judge finds dispatchers to be exempt administrative. A public agency cannot utilize the higher cap by simple classification or. This may vary from handler to handler, dog to dog, and job to job.
Current and former police officers claimed that the city violated the fair labor standards act flsa, 29 u. This fact sheet provides general information concerning the application of the flsa to law enforcement and fire protection personnel of state and local governments. 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. Cocopah indian tribe hiring police dispatcher in somerton. Mtas was asked whether e911 dispatchers qualify for the 207k exemption for. The fair labor standards act is designed to insure that wage earners are compensated for. Overtime rules for police and law enforcement employees.
Ohio judge finds dispatchers to be exempt administrative employees by noel p. Police, fire, and ambulance dispatchers work in emergency communication centers called public safety answering points psaps. Initially, the flsa applied only to private employers. Police and fire employees have to be considered separately, e. District police dispatchers must be able to work any of three shifts covering twentyfour hours a day, seven days a week. Provides classroom instruction to police officer recruits, other police dispatchers, and public safety 911 operators. 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. Develops and maintains a working knowledge of all positions in the police emergency communications center. Civilian police department employees such as public safety dispatchers do not qualify for the fair labor standards acts flsa partial overtime. 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. Scheduled work hours, actual work hours, public safety. Coordinates response with other public safety agencies as needed. 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.
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. Cases upholding the exempt status of dispatchers pursuant to the administrative exemption of the flsa generally have focused on. Criminal background check preemployment criminal background checks are required for all staff and faculty positions. The trucking company provided considerable evidence of the employees job duties. Dispatchers are assigned to answer all 911 emergency and nonemergency calls for police, fire and emergency medical services.
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. Another flsa class action on exempt status of dispatchers. 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. This does include jailers who may not be sworn, but does not include clerks, dispatchers, and other nonsworn employees. 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. Police dispatcher after successful completion of training and satisfactory performance. Although dismissed, the case raises the specter of the exempt status of dispatchers in the trucking and bus industry.
Apply to police dispatcher, call taker, dispatcher and more. Ensures emergency communications equipment is in proper working order at all times. Dispatchers are first responders, not clerical help police, fire and ems dispatchers are vital components on the spectrum of emergency response personnel. The dispatchers work an average of 42 hours per week. Dispatchers must complete 20 hours of training each 2 year unit as required by the texas commission on law enforcement. We employ civilian public safety dispatchers who handle dispatching for both the police and fire departments. You indicate that the dispatchers are nonexempt employees who do not meet the requirements for exemption under flsa section 7k or a1. Direct supervision is received from the police chief, lieutenant, officer in charge, and lead police dispatcher. You must pay overtime to law enforcement employees for hours that exceed. Current and former dispatchers and aeromedical technicians paramedics assigned to air ambulance helicopters employed by police and fire departments. Payment obligations under flsa for waiting time and on. Currently our staffing level is at a critical level. Dispatchers are used in the towing and recovery industry, taking requests for tow companies and sending motorists.
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