![]() ![]() While these facts could have been problematic for the City, the trial also revealed several factors that undermined theplaintiffs’claims.Īt least some officers did submit time due slips for work performed using their Blackberrys and were paid for the time, undercutting any notion of an “unwritten” policy against paying for such time. While officers could put in for overtime pay by submitting a “time due slip,” several officers testified that they did not submit time due slips for time spent working on their Blackberrys after hours, and therefore were not paid for the time. In Allen, the plaintiff officers argued that they were expected to, and frequently did, take calls and respond to e-mails using their Blackberrys during their off-duty hours. In other words, an employer can’t simply adopt a policy prohibiting overtime work and then turn a blind eye to employees who work overtime notwithstanding the policy. That means that employers have to pay employees not just for work that they are directed to perform, but also for any work that the employer knows or reasonably should know the employee is performing for the employer. Readers well-versed in wage and hour law will know that the Fair Labor Standards Act requires an employer to pay its employees for all hours that they are “suffered or permitted” to work. After a bench trial, Magistrate Judge Sidney Schenkierruled for the City, holding that although many officers did in fact perform work on their Blackberrys for which they were not paid, they were not entitled to additional because the City did not have actual or constructive knowledge that officers were working overtime without compensation. In particular, the plaintiffs alleged that the BOC maintained an unlawful policy of requiring officers to work overtime on their Blackberrys without compensation. City of Chicago, a group of 51 of current and former officers in the Chicago Police Department’s Bureau of Organized Crime (“BOC”) alleged that the City willfully violated the FLSA by requiring them to use their Blackberry devices for work-related communications while they were off duty without compensation. District Court for the Northern District of Illinois offers a detailed and instructive analysis of the second. Use-of-deadly-force policy released July 2015.If a tree falls in the forest but there is no one around to hear, does it make a sound? If a non-exempt worker answers an e-mail message after hours on her Blackberry but fails to put in for overtime, has she performed compensable work? While I’m not aware of any firm legal authority on the first question, a recent ruling by the U.S. ![]() Operating procedures exempt from disclosure Operations Manual, Use-of-force policy, crowd-control policy General Orders, Use-of-force policy, list of SOPs Policy Manual ( uploaded to Document Cloud)Ģ013 use-of-force policy and practices study by Police Executive Research Forum. I am in the process of filing records requests for unavailable manuals and uploading them to Document Cloud. Since then several major departments have made them available to the general public. When I started this project in 2015, police departments in 13 of the top 25 largest cities in the U.S. The goal of this project is to create a directory of police policies and procedures, as well as related documents. ![]()
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