Update On The Issue of Donning and Doffing

Posted on January 29, 2009 by Frank Crivelli

On January, 22, 2009, The East Valley Tribune, based in Phoenix, Arizona reported that The Phoenix Law Enforcement Association (PLEA) lost its federal lawsuit against the City of Phoenix, Arizona that sought pay for officers to put on and take off uniforms and protective equipment. 

The Phoenix Law Enforcement Association, which represents about 2,200 sworn officers, lost the civil lawsuit against the city which was filed in the U.S. District Court in Phoenix, Arizona.  The issue, commonly referred to as "donning and doffing", has been an important issue with not only police officers in Phoenix, Arizona, but also law enforcement officials and public safety officers through out the country.  In its ruling, the court stated that the Phoenix Police Department's policy generally does not provide for compensation to sworn personnel for time spent donning and doffing their uniforms and gear outside the scheduled work shift.

The ruling comes as the Mesa Police Association, representing about 600 sworn officers, is moving forward with appeals in the 9th Circuit Court of Appeals in San Francisco and the Arizona Court of Appeals.

In an interview with the East Valley Tribune, Fabian Cota, President of the Mesa and Arizona police associations stated that  "The issue is a little more complicated than just taking your pants on and off...This is a legitimate Fair Labor Standards Act issue. There are issues here regarding pay, and what is work and what isn't, and that needs to be determined through the court."  Cota further stated that "There is no uniformity or consistency in the court's decisions on the issue since courts in other states have ruled for police departments that an officer's work day begins when they start putting on their uniforms and equipment".

As this issue develops further throughout the country will will keep our readers updated as this issue is important as it pertains to pay, and potentially overtime pay, for law enforcement and public safety officers through out the state of New Jersey. 

 

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K9 Handlers Entitled to Overtime Pay

Posted on June 29, 2008 by Frank Crivelli

Everyone is in agreement that K-9 units are an important part of law enforcement. Dogs are used to find hidden illegal narcotics, bombs, improvised explosive devises, injured and trapped individuals, and even dead bodies. However, what is not common knowledge is that law enforcement officers that are assigned to K-9 units often care for these important animals in their own home due to the fact that the Police, Fire or Corrections department that they work for do not have kennels or other space to house them. K-9 handlers are asked to care for these highly trained animals on their own time and in their own home as if it were part of the job. Well now it is part of the job, literally, and those that care for these dogs during their own time are entitled to compensation.

The United States District Court, District of New Jersey, has now made it clear that compensation is due when Police, Fire and Corrections personnel care for K-9 animals during their own time. In the case of Falzo, et al. v. County of Essex, et al., U.S.D.C. (District of New Jersey), 33-7-0509, Judge Linares ruled that K-9 handlers were entitled to compensatory damages for un-paid overtime and other damages under the Fair Labor Standards Act of 1983 (FLSA) for time that they spent caring for the police dogs. Judge Linares went on to state that any off-the-clock work performed by the Plaintiffs in the care and maintenance of police dogs is compensable under the FLSA. Summary Judgment was granted in favor of the Plaintiffs, and overtime wages and damages will have to be paid for past time and future time spent caring for the dogs. The bottom line is that all dog handlers that care and maintain K-9s in their own home should be entitled to some extra cash for their troubles.

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