Over 500 current and retired officers have filed charges against the city of Richmond, Virginia for unpaid overtime. In Henrico County, 90 officers have filed similar lawsuits against the police department and an additional 80 have filed against Chesterfield County.
If the charges go through, the city could be held liable for charges upwards of $38 million. In addition, the Fair Labor Standards Act (FLSA) can enforce penalties and interest.
The lawsuits have been filed as the result of a 2005 state law dictating that local department with more than 100 law enforcement officers must pay overtime wages (one-and-half times the regular pay rate) for any hours beyond the federal mandated 171-hour maximum and the 160-hours officers are pre-scheduled. The "gap pay" could cost the state a lot if suits based on the technicality move forward.
In the past 14 months, Henrico County has already been ordered to pay $3.5 million to settle charges that were brought by officers claiming the County deducted annual leave time and other compensable time from hours that could have been considered overtime pay. To prevent future litigation, police departments can employ payroll processing services and employee time and attendance tracking to maintain better records or worktime.
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