Prior to may 2, 2002, opms flsa regulations provided that all meal periods would be included as onduty time and as hours of work for flsa purposes for section 7k employees engaged in law enforcement activities. I have written a number of times about the difficulty of proving that the administrative exemption applies to dispatchers in the transportation industry. It does have to be uninterrupted period of down time. In light of other case law, a recent proemployer decision from the eleventh circuit court of appeals, holding that a salaried dispatcher for a crane rental company qualified as an exempt administrative employee, adds credence to a question often asked by legal and human resources professionals. Discuss the training of dispatchers process with the personnel other than management who perform the duties and responsibilities required by the programprocess. Be employed by an organized fire department or fire protection district. Org a report on the adf symposium managing the risk denver, 1997.
New flsa regulations require reevaluation of overtime exemptions. All firefighters that the city employs are crosstrained either as paramedics or emts. How much does a 911 dispatcher make in seattle, wa. Section b20 of the flsa provides an overtime exemption to law enforcement or fire protection employees of a public agency that employs less than five employees during the workweek in law enforcement or fire protection activities. Jun 09, 2010 i have written a number of times about the difficulty of proving that the administrative exemption applies to dispatchers in the transportation industry. Coos county when people think of dispatchers, its often just a voice on the other end of the phone, but at the coos county sheriffs office there are a. The importance of adopting the section 7k overtime exemption in.
They are the often heard but rarely seen heroes behind the badge. Each mou contained a section entitled 7k exemption, which recited that the employees were working under the provisions of section 207k of the flsa and that the state was declaring a. Something i dont want to give up when i become a police officer. The section of federal law that addresses the 7k exemption for firefighters are found at 29 c. We employ civilian public safety dispatchers who handle dispatching for both the police and fire departments.
Dispatcher jobs, employment in saint petersburg, fl. Exemption 7 of the foia, as amended, protects from disclosure records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information a could reasonably be expected to interfere with enforcement proceedings, b would deprive a person of a right to a fair trial or an impartial adjudication, c. However, civilian public safety dispatchers, who do not meet the requirements of 207k are eligible for overtime after working 40 hours every 7 days. Sunnyvale department of public safety on facebook watch. Services communications center is offering a free class to help the public better understand the role of emergency dispatchers in public safety. Observe the certificate holders training of dispatchers process to gain an understanding of the procedures, instructions, and information. The 207 k exemption allows employers to compute overtime for law enforcement and firefighters on the basis of extended work schedule usually 28 days. Dear name this is in response to your letter requesting an opinion concerning payment of overtime compensation under the fair labor standards act flsa to civilian public safety dispatchers employed by your client the city. Applications for the position of sheriffs 911 dispatcher are only available at predetermined times throughout the year. There are exceptions to the general overtime rule, such as section 7k of the. Exemption 7b exemption 7b of the foia, which is aimed at preventing prejudicial pretrial publicity that could impair a court proceeding, protects records or information compiled for law enforcement purposes the disclosure of which would deprive a person of a right to a fair trial or an impartial adjudication. Thats exactly what i said back when i worked there. Board of county commissioners of hidalgo county case no. Sep 28, 2006 wage and hour division whd flsa200636.
But a former dispatcher in florida says there are more calls than dispatchers can handle, overworking those left to take. Mar 07, 2020 how much does a 911 dispatcher make in seattle, wa. The flsas overtime pay provisions for law enforcement and. Whats the craziest shift hours or rotations youve heard of.
Although dismissed, the case raises the specter of the exempt status of dispatchers in the trucking and bus industry. Fair labor standards act 7k exemption section 7k of the flsa provides public employers with an exemption from the requirement of paying overtime when an employee has worked more than 40 hours in a week. From public employers guide to flsa employee classification, thompson publishing group. Employees scheduled in accordance with section 207k may be compensated for overtime hours worked with compensatory time off rather than with cash overtime pay, just like employees on a regular oneweek work period. The legislators described the 207k exemption in detail. So we did have some dispatchers that felt for us and would radios us fake calls then let us go back to sleep. A police union failed to show that a township violated the fair labor standards act by failing to pay proper overtime, pay compensation for muster time, and.
The flsa generally requires overtime at time and onehalf for all hours worked over 40 per week. Another flsa class action on exempt status of dispatchers. Mar 24, 2018 there can be limited times when sworn and trained police officers or firefighters could work as dispatchers and still qualify for the 207k partial overtime exemption. An officer or employee of the united states, the commonwealth, or a political subdivision of either, while the officer or employee is performing his official duties. Public safety dispatchers dedicate their lives to helping others. Salaries estimates are based on 123 salaries submitted anonymously to glassdoor by 911 dispatcher employees in seattle, wa. Tenth circuit indicates mandatory preshift briefings are. What is the section 7i exemption and does it apply to auto. City employees assigned to duties as fire department dispatchers or aeromedical technicians claimed that the employer violated the fair labor standards act by. The importance of adopting the section 7k overtime.
This does include jailers who may not be sworn, but does not include clerks, dispatchers, and other nonsworn employees. Firefighters, overtime and the fair labor standards. Aug 10, 2017 911 dispatchers have a lot to handle and are prepared to deal with anything photo by aaron ricca. Department of labor dol ruled in an opinion letter recently made available. There is, however, a special rule for government police agencies and fire departments which allows a different work period in some circumstances. Jun 09, 2010 in light of other case law, a recent proemployer decision from the eleventh circuit court of appeals, holding that a salaried dispatcher for a crane rental company qualified as an exempt administrative employee, adds credence to a question often asked by legal and human resources professionals.
Maximum nonovertime hours under 7k exemption public safety for those with work periods of seven to 28 days, the system calculates overtime hours that are reported after an employees flsa hours equal the number shown in the following table, published by the wage and hour division, u. The dispatchers work an average of 42 hours per week. Overwhelmed with work, nations 911 dispatchers under scrutiny. Our professional and knowledgeable dispatchers are available 24 hours a day, 7 days a week, 365 days a year and are ready to help you. This topic provides an overview of flsa requirements for public safety employees and discusses. 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. This partial exemption from the overtime provisions of the flsa is often referred to as the 7k exemption, or the tour of duty rules. An employer may establish a regular work period of up to 171 hours in a 28day period, and must pay overtime only after the employee works more than 171 hours in the work period. Ive got a resume a mile long, ive networked, and it looks like ill be able to land a job right out of the academy. Guidance on applying flsa overtime provisions to law. Jan 15, 2001 from public employers guide to flsa employee classification, thompson publishing group.
Although, in a realworld sense, these important employees are part of the management team, under the flsa exemption regulations, they must meet certain criteria. Another possibility is that the dispatchers may fit within the motor carrier exemption, but they must affect safety for this exemption, rather than simply dispatch vehicles. Following is the current hiring schedule for sheriffs 911 dispatcher. Ive got a resume a mile long, ive networked, and it looks like ill be able to land a. 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. Careers 911 dispatcher pima county sheriffs department. The 29 usc 207k section of the flsa creates a partial exemption from the 40hour requirement for qualifying firefighters and lawenforcement personnel. Ecc dispatchers get new contract and 2 percent raise. There are no employees who are either solely firefighters, emts, or paramedics. The applicability of the 207k partial overtime exemption to medics, firefighters, and even dispatchers is one of many topics covered indepth at all of the flsa for fire departments seminars. Unless an overtime exemption applies, the fair labor standards act flsa requires employers to pay their employees overtime compensation for any work performed in excess of 40 hours in a workweek, defined as seven consecutive days. Fair labor standards act for police and fire employees. Does the flsas 7k exemption apply to per diem firefighters.
Nov 30, 2009 another possibility is that the dispatchers may fit within the motor carrier exemption, but they must affect safety for this exemption, rather than simply dispatch vehicles. Understanding how a pds shift schedule is impacted by the fair labor standards act is critical for correctly compensating employees for overtime. An exemption from this requirement exists for peace officers. Maximum nonovertime hours under 7k exemption public safety. 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. Salaries estimates are based on 107 salaries submitted anonymously to glassdoor by dispatcher employees in washington, dc. To be eligible for the exemption for fire protection employees, an employee must meet all of the following criteria. I have noted that most transportation employers consider these employees exempt because their job functions are critical to. Overtime pay entitlement for public safety employees under the fair labor standards act flsa, part 2, 2016 10 aele mo. If they work all their assigned shifts, the dispatchers are paid 80 hours of straight time and four hours of. 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.
I have noted that most transportation employers consider these employees exempt because their job functions are critical to business operations. Section 7 k of the flsa provides that employees engaged in fire protection or law enforcement may be paid. The section 7k exemption has different overtime provisions for employees engaged in law enforcement or fire protection activities. The section 7k exemption softens the overtime provisions by. Public safety agencies do not have to pay firefighters or police officers overtime until after they have worked 212 hours in a maximum 28day cycle which averages out to a 53hour workweek. Have no idea the legalities behind it and didnt stick around long enough to dive deep to find out. Kingman 911 communication center dispatcher stacy nelson takes a call. The 29 usc 207k section of the flsa creates a partialexemption from the 40hour requirement for qualifying firefighters and lawenforcement personnel. Aug 20, 20 this blog post was authored by leighton davis. Like establishing the work period, there is no set method for showing that the. How does the flsas 207k exemption for law enforcement. Ernie gonzalez was a firefighteremergency medical technician with the city of deerfield beach, florida from 1999 to 2005.
This week is set aside to formally recognize the hard work and dedication of public safety dispatchers. Airline dispatchers federation adf volume 7 number 4 december 1997 member of ifalda adf news is a publication of the airline dispatchers federation 700 thirteenth st. Nov 26, 2002 public safety agencies do not have to pay firefighters or police officers overtime until after they have worked 212 hours in a maximum 28day cycle which averages out to a 53hour workweek. Eleventh circuit finds crane dispatcher to be exempt. Apr 04, 2007 ernie gonzalez was a firefighteremergency medical technician with the city of deerfield beach, florida from 1999 to 2005. Initially, the flsa applied only to private employers. The rules governing the use of the 207 k exemption sometimes called the 7 k exemption can be found at 29 cfr 553. In any event, the time to analyze the dispatcher exemption issue is now, before the threat of a lawsuit looms. Apply to dispatcher, campus safety officer, courier and more. Something i dont want to give up when i become a police officer so, im looking at becoming a police officer. Today marks the beginning of national public safety telecommunicators week. As a result of this training, all employees can respond to any call where the city has the duty to respond. The exemption provided by this subsection authorizes a public agency which is a state, a political subdivision of a state, or an interstate governmental agency, to provide compensatory time off with certain limitations, as provided in 553.
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