Six police sergeants in St. Louis recently filed a lawsuit against the city's police board, claiming the department violated Fair Labor Standards Act (FLSA) overtime and recordkeeping provisions, according to St. Louis Today. The suit alleges the department failed to compensate sergeants properly for their overtime
employee attendance because they were classified as exempt employees.
However, many of the employees' job duties do not align with those required by the FLSA to qualify for the exemption from overtime pay, such as responding to 911 calls, transporting prisoners and serving warrants, the news source reports.
The FLSA requires all employers compensate non-exempt employees at least minimum wage for all of their hours worked and time-and-a-half for any work time in excess of 40 hours in a standard week. Exemptions may be made if an employee meets all of the requirements for an administrative, executive, professional, outside sales or computer employee.
However, the FLSA states that exemptions do not apply to police, firefighters, paramedics and other first responders who conduct work such as detaining criminals, interviewing witnesses and apprehending suspects.
Police boards can avoid misclassifications and the resulting lawsuits by making sure their payroll policies are up-to-date. In situations where officers are not exempt from overtime wages, the departments can invest in timekeeping software that will ensure employees receive the wages they are owed.
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