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.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Frank M. Crivelli Frank M. Crivelli

Frank M. Crivelli’s practice revolves around the representation of over eighty-five (85) labor unions in various capacities, the majority of which bargain for law enforcement entities. He is proud to be called on a daily basis to provide counsel to over 12,000 state…

Frank M. Crivelli’s practice revolves around the representation of over eighty-five (85) labor unions in various capacities, the majority of which bargain for law enforcement entities. He is proud to be called on a daily basis to provide counsel to over 12,000 state, county and local law enforcement officers, firefighters and EMS workers.

Mr. Crivelli specializes his individual practice in collective negotiations.  Over the past twenty (20) years, Mr. Crivelli has negotiated well over one hundred (100) collective bargaining agreements for various state, county, municipal and private organizations and has resolved over thirty-five (35) labor agreements that have reached impasse through compulsory interest arbitration.  Mr. Crivelli routinely litigates matters in front of the New Jersey State Public Employment Relations Commission, the New Jersey Office of Administrative Law, third party neutrals for mediation, grievance and interest arbitration, the Superior Court of New Jersey and the United States District Court for the District of New Jersey.

Mr. Crivelli founded and created the New Jersey Public Safety Officers Law Blog (www.njpublicsafetyofficers.com) approximately fifteen (15) years ago where he and members of his firm routinely publish blog posts regarding legal issues related to the employment of New Jersey Public Safety Officers.  The blog now contains over six hundred (600) articles and is reviewed and relied upon by thousands of public employees.  Mr. Crivelli has also published books and manuals pertaining to New Jersey Public Employee Disability Pension Appeals and the New Jersey Worker’s Compensation System. Currently, he is drafting a publication on how to Prepare and Negotiate a Collective Bargaining Agreement.  He lectures annually at the New Jersey State PBA Collective Bargaining Seminar, the National Association of Police Organization’s Legal Seminar, the New Jersey Public Employment Relations Commission Seminar on Public Employment Labor Law, the United States Marine Corps’ Commander’s Media Training Symposium and to Union Executive Boards and General Membership bodies on various labor related topics.

Prior to entering private practice, Mr. Crivelli joined the United States Marine Corps where he served as a Judge Advocate with the Legal Services Support Section of the First Force Services Support Group in Camp Pendleton, California.  While serving in the Marine Corps, Mr. Crivelli defended and prosecuted hundreds of Special and General Court Martial cases and administrative separation matters.  In addition to his trial duties, Mr. Crivelli was also charged with the responsibility of training various Marine and Naval combat command elements on the interpretation and implementation of the rules of engagement for various military conflicts that were ongoing throughout the world at that time. After leaving active duty, Mr. Crivelli remained in the Marine Corps Reserves where he was promoted to the rank of Major before leaving the service.

For the past fifteen (15) years, Mr. Crivelli has been certified as a Civil Trial Attorney by the Supreme Court for the State of New Jersey, a certification which less than two percent (2%) of the attorneys in New Jersey have achieved.  He is a graduate of Washington College (B.A.), the City University of New York School of Law (J.D.), the United States Naval Justice School, and the Harvard Law School Program on Negotiation.