We were told that when the question came up about the inaccuracy of the pay, Franklin told the K9 deputies never to bring the questions up again. Is that true Franklin? Did you tell the handlers that you would build a kennel and have the K9's be dropped off at the kennels at the close of business or when the deputies were not on duty? Was those comments directed at the K9 deputies who fear losing their relationship with their dogs, or was it an attempt to close the door on requesting earned pay?
If just two of the K9 officers back pay is $77,000.00 how much will it cost the county to reimburse all of the K9 officers back pay? We believe the DOL requires employers to pay all employees the monies they have earned.
The DOL has a lot of informative information that they could share with employees who believe their pay is inaccurate. See excerpts from the Department of Labor, Wage and Hour Division (WHD)
Wage and Hour Division (WHD)
(Revised July 2008) (PDF)
Fact Sheet #17A: Exemption for Executive, Administrative, Professional, Computer & Outside Sales Employees Under the Fair Labor Standards Act (FLSA)
This fact sheet provides general information on the exemption from minimum wage and overtime payprovided by Section 13(a)(1) of the Fair Labor Standards Act as defined by Regulations, 29 CFR Part 541.
U.S. Department of Labor Wage and Hour Division (Revised July 2008) Fact Sheet #17J:
First Responders and the Part 541 Exemptions Under the Fair Labor Standards Act (FLSA) The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hour worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 in a workweek.
However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempts certain computer employees.
To qualify for exemption, employees must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Police Officers, Fire Fighters and Other First Responders Police officers, detectives, deputy sheriffs, state troopers, highway patrol officers, investigators, inspectors, correctional officers, parole or probation officers, park rangers, fire fighters, paramedics, emergency medical technicians, ambulance personnel, rescue workers, hazardous materials workers and similar employees (“first responders”) who perform work such as preventing, controlling or extinguishing fires of any type; rescuing fire, crime or accident victims; preventing or detecting crimes; conducting investigations or inspections for violations of law; performing surveillance; pursuing, restraining and apprehending suspects; detaining or supervising suspected and convicted criminals, including those on probation or parole; interviewing witnesses; interrogating and fingerprinting suspects; preparing investigative reports; and other similar work are not exempt under Section 13(a)(1) or the regulations and thus are protected by the minimum wage and overtime provisions of the FLSA.
First responders generally do not qualify as exempt executives because their primary duty is not management. They are not exempt administrative employees because their primary duty is not the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers. Similarly, they are not exempt learned professionals because their primary duty is not the performance of work requiring knowledge of an advanced type in a field or learning customarily acquired by a prolonged course of specialized intellectual instruction. Although some first responders have college degrees, a specialized academic degree is not a standard prerequisite for employment. Where to Obtain Additional Information For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866- 4USWAGE (1-866-487-9243). This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. U.S. Department of Labor Frances Perkins Building 200 Constitution Avenue, NW Washington, DC 20210 1-866-4-USWAGE TTY: 1-866-487-9243 Contact Us
In addition, The time the employee waits is considered time worked because the employee is not allowed to leave the premises or free to use the time for personal use. Instead the employee waits for instructions to resume working, which benefits his employer. If the employee was sent home and told not to return to work that day, it would be show-up time and it would not need to be counted as hours worked.