Little Rock police have enlisted legal assistance in a
recent battle to get overtime pay for getting undressed.
The Arkansas-based police argue that the process of donning and doffing their uniforms—which includes a weighty, bullet-resistant vest—takes upwards of 60 minutes each day, and that the extra hour should be compensated with overtime pay. The suit currently in effect also seeks back pay for the past three years, claiming that the State failed to comply with the Fair Labor Standards Act (FLSA).
The FLSA requires that all employers provide overtime pay to
hourly employees that work over 40
hours per week. Any time exceeding those
initial 40 hours is then overtime, which is paid at 1.5 times the employee’s
normal rate of pay. For example, a person
working 43 hours per week at $20/hour would make $800 for the first 40 hours of
work and $90 for the three hours of overtime (which are paid at a the overtime pay
rate of $30/hour).
Firemen, policemen, and other government employees are, however, subject to special rules, and are not always fully protected by the FLSA. And this exception to wages and overtime pay will probably be the point around which the Little Rock case pivots.
Are there any employees that are not protected by the Fair Labor Standards Act?
Yes. There are several categories of workers that are not legally required to receive overtime pay or FLSA benefits. These include employees who:
- Work on commission, like salespeople
- Earn at least $27.60/hour as computer professionals
- Work for a car dealership as salesmen, mechanics, or partsmen
- Work on a farm
- Are salaried, like white collar professionals
- Work as drivers, driver’s helpers, loaders, or mechanics
However, if you are an hourly employee and believe that you have been denied your right to overtime pay, you should contact a wage lawyer and discuss your options for winning back pay for the duration of your employment.
By Kate Beall
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