In Whenry v. Board of Commissioners, a Federal District rejected a FLSA claim filed by 66 corrections officers for unpaid wages over mandatory on the job time prior to roll call. The Court held that the Teamster contract that indicated the time was unpaid did not violate the FLSA. The court noted the officers were covered by a 207(k) exemption which created three weekly hours of “gap time” between their 40 regular schedule hours and their 43 weekly 207k hours.
Pennsylvania District Court Finds FLSA Does Not Cover Corrections Officers Claim For Unpaid Wages For Mandatory Pre-Roll Call Report Time
Sixth Circuit Holds that Firefighters Not Entitled to Pay for Specialized Training Required By Law for Certification
By Erica Shelley Nelson and Brennen Johnson
In Misewicz v. City of Memphis, the U.S. Court of Appeals for the Sixth Circuit affirmed the dismissal of a lawsuit filed by over one hundred firefighters against the City of Memphis, Tennessee. The firefighters sued the City in an attempt to obtain overtime wages for time outside of their regular work hours that they spent participating in paramedic training. The Court determined that the City was not obligated to compensate the firefighters for that time because the City successfully complied with a provision of the Department of Labor regulations that provides circumstances where public employers need not compensate their employees for time spent in training.
Federal District Court Holds that Fire Chiefs’ Furlough Does Not Qualify Them for Overtime under the FLSA
By Anthony Rice
In Bozzo v. City of Gilroy, a California Federal District Court ruled that a reduction in pay in exchange for “furlough time,” does not entitle City of Gilroy Fire Chiefs’ to overtime under the FLSA. The court rejected the Chief’s argument that the City’s furlough plan violated the “salary basis” test of the FLSA causing the positions to lose their exempt status.
“Suggested” Five Minute Pre-Shift Briefing Might be Compensable, but is Definitely not De Minimis, New Mexico Federal Court Finds
By Kate Acheson
In Brubach v. City of Albuquerque, a group of city security guards claimed the City violated the Fair Labor Standards Act (“FLSA”) by failing to compensate them for pre-shift briefings. The City of Albuquerque moved to dismiss the guards’ complaint, claiming the time was voluntary. The federal court denied the City’s request, noting that enough dispute of fact existed to require a jury to decide the matter. The City also claimed the time was de minimis – so small it is legally insignificant. The court rejected this argument as a matter of law. [Read more…]