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Paid on Salary but Working 42 Hours a Week

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  • 02-06-2015, 05:17 PM
    movngt
    Paid on Salary but Working 42 Hours a Week
    My question involves employment and labor law for the state of: Illinois.

    Hello, 11 months ago I was hired as a full time police officer. They said they were going to pay me salary so they don't have to pay me benefits. It comes out to be 14.00 per hour. I was told I'd be working 40 hours a week. They have actually been scheduling me 42 hours per week. They said they do not have to pay me the extra two hours I've been working. I have also worked several holidays and never got holiday pay. They said they do not have to pay me holiday pay. I have taken 3 vacation days and half a day for being sick in the last 11 months. I was paid 12.00 per hour for those days. Not sure why they knocked it down to 12.00 per hour, but they did. I spent approximately 10 hours in court on my days off, which I did not get paid for either.

    I don't know if I'm exempt or not. How can I find out? I also did not get paid for my training when I was in the academy last year. I spent 400 hours in the academy and I did not get paid for it. It was training for the department. They said they don't have to pay me for the training, which was required in order for me to work.

    Any information would be great,

    Thanks.
  • 02-07-2015, 06:27 AM
    flyingron
    Re: Salary but Working 42 Hours a Week
    Whether you are paid "salary" or not has no bearing on the issue. The issue is whether you are an exempt or non-exempt employee. I suspect as a lower level (non-supervisory and not in any of the admin positions) police officer, you are not exempt. This means they have to pay you for hours worked including overtime. In Illinois, holiday pay applies to you as well. They're not obliged to give you paid leave (either sick or vacation) unless there's some contract in place.

    There are some exemptions for those departments that can legally declare non-seven-day work periods, but it still works out to the same number of aggregate hours (i.e., if you have a 24 day work period because of the shifts, the overtime limit is 147 hours in that period (40 hours reapportioned over the longer period)).

    They do have to pay you for training.

    Here's a site of information:

    http://www.policechiefmagazine.org/m...issue_id=12008

    I've never heard of anybody deciding they don't have to pay benefits for salaried employees.

    I'd be talking to your union (if you have one) and if not to the state DOL https://www.illinois.gov/idol/Pages/default.aspx
  • 02-07-2015, 07:16 AM
    adjusterjack
    Re: Salary but Working 42 Hours a Week
    Hard to imagine what kind of Podunk police department does this to its employees but if you are going to start contacting regulatory agencies (or a union) make sure you do everything in writing and properly identify yourself and document everything that happens from then on.

    You may lose your job over it and proper documentation of retaliation is your only legal protection.
  • 02-07-2015, 07:36 AM
    cbg
    Re: Salary but Working 42 Hours a Week
    I seem to remember that there were special exemptions, or maybe provisions, for police and fire personnel under the FLSA but I never did learn what they were. Patty did, bless her heart, but that's of no good to us now. Perhaps DAWW will know what I'm remembering when he gets here, or Mr. K.
  • 02-07-2015, 08:12 AM
    cdwjava
    Re: Salary but Working 42 Hours a Week
    I can't speak to the laws in IL on the subject, but, this is NOT a city to be working for, and they are using and abusing you. If there is no union to help support you, GET OUT NOW!!! How much is you health and well-being worth to you? If you get injured on the job, are these people going to pay you anywhere near what you will need to survive if you are unable to work again?

    Move on ... that agency ain't worth the stress and the abysmally low wages.
  • 02-07-2015, 02:05 PM
    movngt
    Re: Salary but Working 42 Hours a Week
    Thanks for all of the replies.

    This is a town of 600 people.

    I will do some more research and check out the links I was provided with. I am actually putting my two weeks in next week. I have been hired as a full time officer with a much better agency. The other agency is giving me 20.00 per hour, health insurance, retirement, and paid vacation. I have been told my current agency has been doing this to guys for many years. I am just wanting to put a stop to it and get what is owed to me. After all I deserve it. But the mayor was saying since I am salary he has a way around paying for my health insurance etc...

    I will do some more reading and make some phone calls.

    At the least they owe me for my training and holiday pay.

    Thanks everyone.
  • 02-07-2015, 03:55 PM
    flyingron
    Re: Salary but Working 42 Hours a Week
    CGB: The only exception is that they are allowed (as I stated) to have something other than a 7-day week for computing overtime (given in understanding of rotating shift schedules). There are certain non-supervisory but otherwise considered administrative positions (things like IA and PIO) as well.
  • 02-07-2015, 04:02 PM
    cbg
    Re: Salary but Working 42 Hours a Week
    Thanks, Ron. I knew there was something but I wasn't ever quite clear on what. Patty was the local Payroll Princess with experience in municipalities - I never worked in the public sector.
  • 02-07-2015, 04:05 PM
    DAWW
    Re: Salary but Working 42 Hours a Week
    There is a general governmental exception that acts like comp time instead of paid overtime. Then there are special rules for police/fire with broader limits but basically just comp time on steroids. Neither exceptions makes the overtime just plain disappear. Also there are strange volunteer rules for public safety personnel.
    http://www.dol.gov/whd/regs/compliance/whdfs7.pdf

    Other then that, what was said. Police are normally non-exempt and anyone can be paid on a salaried basis. Supervision and the Executive exception would be the obvious exception. Possibly Administrative exception if you had a really odd set of specialization. NYPD likely has some Exempt officers under the Administrative exception. I have heard of police departments using Fluctuating Workweek and Belo Plans, but this is not what is being described.

    If it looks like a duck and quacks, 99% of the time it is a duck. Very likely the employer is either playing games or is clueless.
  • 02-08-2015, 01:56 PM
    movngt
    Re: Salary but Working 42 Hours a Week
    I work Thursday-sunday. 42 hours every week


    this is the 11th month I've done it. I get every Monday, Tuesday, and Wednesday off.

    Thanks again everyone

    - - - Updated - - -

    I will also keep everyone up to date on what happens!
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