Flsa public safety dispatchers

Employment as a dispatcher does not usually require a level of education higher than a high school diploma, but many that work in the field hold liberal arts degrees. This is accomplished by developing, updating and maintaining course curriculum, training materials and. Under general direction, leads, trains, oversees, and participates in. Core competencies and minimum training standards for public.

Fair labor standards act for police and fire employees. What needs to be done, considering the extraordinarily demanding and stressful environment of 911 public safety communications to reduce the. Class characteristics this is the full supervisorylevel class in the police dispatcher class series. Cpr certification cardiopulmonary resuscitation within 3 months of start date. Use the title, public safety telecommunicators instead of dispatchers. Through her, ive become pretty well versed in the job of the 911 dispatcher. Home wage and hour exemptions ohio judge finds dispatchers to be exempt administrative employees. Should dispatchers be officially classified as first responders. The flsa contains some specific provisions for public safety. Pursuant to public employment relations board certification ssr7, the state recognizes cslea as the exclusive negotiating agent for all employees in the protective services and public safety unit 7. Employers prefer candidates with computer and clerical skills, communication skills, and the ability to work fast under pressure candidates for employment as public safety dispatchers may be required to pass written, oral, or. Provides lead direction and training to new public safety dispatchers. The flsa exempts any employee with respect to whom the secretary of transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of the motor carrier act of 1935, mca alleged employee must be engaged in activities of a character directly affecting the safety of operations of.

Department of labor dol ruled in an opinion letter recently made available. Police overtime pay law enforcement overtime pay werman. Aug 31, 2016 take action 911 dispatcher reclassification. Jefferson county job description emergency communications public safety dispatcher ii 1108 page 1 of 3 position title. Positions at this level are not expected to function with the same amount of program knowledge or skill level as positions allocated to. Planit was created with an ems and police department so the features are tailored to fit the needs of public safety services. We are required to be in the dispatch center and ready to work by the start of our assigned shift. Apco association of publicsafety communications officials international, inc. Useful information for navigating legal challenges. An employers failure to pay dispatchers overtime when overtime is due and required is a violation of the fair labor standards act flsa and can result in a lawsuit similar to the one against camden city. The fair labor standard act flsa is a federal law that sets minimum wage, overtime, and minimum age requirements for employers and employees. Public safety employees 7k exemption the flsa contains a provision that allows the establishment of longer work periods of not less than seven days nor more than 28 days for public safety employees of state and local governments.

Job title public safety dispatch trainer flsa status non. A federal judge has ruled that a dispatcher, who was suing as the named plaintiff in a flsa collective action seeking overtime, was not able to prove that he was similarly situated to other employees and this the judge refused to grant even the conditional certification necessary to keep the case going. Must possess or be able to acquire the following certifications andor licenses. I work 12 hour shifts which add up to a total of 2184 answered by a verified employment lawyer. It is our opinion that the public safety dispatchers are entitled to overtime for all hours worked in excess of 40 in a workweek. Apco filed formal comments as part of the soc revision process, suggesting two changes 1. We are scheduled to work five 8hour shifts per week. Shift scheduling software for ems, 911, and dispatch services. Public safety employees, including law enforcement, fire, and correctional employees, often are required. The ninth circuit found standard overtime rules under the fair labor standards act flsa apply to fire department dispatchers and aeromedical technicians. Receives direction from the sheriffs public safety dispatcher supervisor. Under the flsa, federal, state, and local government employees receive manybut not allof the protections private sector. What can be done through the federal fair labor standards act flsa to provide for scheduling flexibility in a manner similar to those provided our partner public safety agencies. In 1966, the act was amended to include school, hospital, nursing home and local transit employees.

Exercises direct and general supervision over public safety dispatchers and clerical staff. Apply to public safety officer, senior dispatcher and more. This partial exemption from the overtime provisions of the flsa is often referred to as the 7k exemption. This legislation is very important for public safety telecommunicators in the state of texas and may set a precedent for other states to follow. Civilian police department employees such as public safety dispatchers do not qualify for the fair labor standards acts flsa partial overtime exemption for police and firefighters set forth in 29 u.

Job title public safety dispatch trainer flsa status nonexempt band par probationary period 12 months zone 5 job code 12768 3 revised. Public safety dispatcher i this is the entry level class in the public safety dispatcher series, which is typically used as a training class. Employee is responsible for receiving, assessing, assisting and disbursing. Learn about special issues in applying the fair labor standards act flsa to police and fire employees such as the option to define an extended workweek, application to small departments, different ceilings on accrual of compensatory time, and rules for volunteer versus paid oncall fighters. The pay period for public safety employees can be as long as 28 days under the flsa, although most public employers use some multiple of seven days, typically 14. Therefore, it is our opinion that the city would violate the flsa by complying with the agreement strictly and paying dispatchers an overtime premium only when they work in excess of 48 hours in any workweek.

I am employed in a government job as a 911 telecommunicator. The communications call receivers and dispatchers are the public safety nucleus. The dispatchers work an average of 42 hours per week. As a result, we conducted this audit to evaluate the. Depending on the qualifications of the candidate selected, this position will be filled at either the public safety dispatcher i or public safety dispatcher ii level. Dear name this is in response to your letter requesting an opinion concerning payment of overtime compensation under the fair labor standards act flsa to civilian public safety dispatchers employed by your client the city. Telecommunicators to be classified as first responders in. Sep 28, 2006 wage and hour division whd flsa200636. The fair labor standards act flsa is a federal law that sets minimum wage, overtime pay, recordkeeping, and youth employment rules for most private and public sector jobs.

Flsa requirements for public safety employees oracle docs. If they work all their assigned shifts, the dispatchers are paid 80 hours of straight time and four hours of. Flsa allows for longer work periods than the traditional 40 hour work week for public safety employees, often referred to. Ohio judge finds dispatchers to be exempt administrative employees by noel p. The flsa overtime requirements for public safety employees are different from those of other employees, because a specified number of work hours is needed within the flsa work period before the flsa rate can be applied to overtime pay. Their work periods vary from seven to 28 days, depending on the work period. Calea commission of accreditation for law enforcement agencies cism critical incident stress management cto public safety communications training officer eap employee assistance program flsa fair labor standards act fmla family medical leave act. The fair labor standards act of 1938 flsa is the federal law that regulates the wages and hours worked by employees engaged in interstate commerce. Mar 24, 2014 ohio judge finds dispatchers to be exempt administrative employees by noel p. Apco international is the worlds largest organization of public safety communications professionals. Jan 15, 2001 from public employers guide to flsa employee classification, thompson publishing group. Apr 08, 2020 how much does a public safety dispatcher make. Telecommunicators to be classified as first responders in texas. We employ civilian public safety dispatchers who handle dispatching for both the police and fire departments.

Section 3s1c of the flsa covers all public agency employees of a state. Core competencies and minimum training standards for. Filter by location to see public safety dispatcher salaries in your area. Scheduled work hours, actual work hours, public safety dispatchers, and the flsa. Ohio judge finds dispatchers to be exempt administrative. Another flsa class action on exempt status of dispatchers. With the exception of a few states, dispatchers are entitled to overtime if they work more than 40 hours in a sevenday workweek.

Department of labor dol announced a final rule modifying the weekly salary and annual compensation threshold levels for white collar exemptions to fair labor standards act flsa overtime requirements. Overtime pay entitlement for public safety employees under. A minimum of one year of experience as a public safety 911 operator with the city of mesa, including successful completion of the current public safety 911 operator training program and probationary period or successful completion of the current fire dispatcher trainee program and satisfactory performance. From public employers guide to flsa employee classification, thompson publishing group. Job title public safety dispatch trainer flsa status nonexempt band par probationary period 12 months zone 5 job code 12768. Under certain conditions, public employees may receive compensatory time off pursuant to section 7o in lieu of cash overtime compensation as explained in 29 c. On march 18, 2014, the ninth circuit issued an opinion in haro v. It serves the needs of public safety communications practitioners worldwide and the welfare of the general public as a whole by providing complete expertise, professional development, technical assistance, advocacy and outreach. Scheduled work hours, actual work hours, public safety. Flsa comp time is another one of those special provisions that apply only to public agency employers.

Numerous standardized practices, procedures, or general instructions govern the work and in some cases, may require additional interpretation. Civilian police department employees such as public safety dispatchers do not qualify for the fair labor standards act s flsa partial overtime exemption for police and firefighters set forth in 29 u. The lifeline of public safety the status of the profession, challenges faced. Overview of the flsa rules for firefighters overview the federal labor standards act flsa sets basic minimum wage and overtime standards that cities and counties must comply with when paying personnel. The final rule will become effective on january 1, 2020. Initially, the flsa applied only to private employers. However, last week i learned something about the actual job classification of dispatchers.

Nov 30, 2009 a federal judge has ruled that a dispatcher, who was suing as the named plaintiff in a flsa collective action seeking overtime, was not able to prove that he was similarly situated to other employees and this the judge refused to grant even the conditional certification necessary to keep the case going. Snap schedule shift scheduling software helps 911 ems, public safety agencies, and dispatch service organizations save significant scheduling time, resources, and costs. Based upon the information provided, we believe that the public safety dispatchers are entitled to overtime compensation under section 7a of the flsa. What can be done through the federal fair labor standards act flsa to. Director of communications flsa status nonexempt statement of duties. Civilian police department employees such as public safety dispatchers do not qualify for the fair labor standards acts flsa partial overtime. In anticipation of the towns defense, the officers sought a declaratory judgment that the town was ineligible for the flsas limited public safety exemption from overtime, 29 u. The two classifications are exempt employees and nonexempt employees. In lieu of the employer providing overtime, public safety dispatchers can receive flsa compensatory time comp time. It is our opinion that the public safety dispatchers are entitled to overtime for all hours worked in excess of 40 in a. Employees who are employed as dispatchers who provide emergency communications to police officers, firefighters, public safety personnel and who direct equipment to fire, crime and accident scenes, generally must be paid overtime when they work over 40 hours in work week.

Therefore, it is our opinion that the city would violate the flsa by complying with the agreement strictly and paying dispatchers an overtime premium only when they work in excess of 48 hours. Sep 09, 2011 based upon the information provided, we believe that the public safety dispatchers are entitled to overtime compensation under section 7a of the flsa. Mtas was asked whether e911 dispatchers qualify for the 207k exemption for. The threat grows another flsa class action on exempt status of dispatchers. Under direction, leads, trains, oversees, and participates in the work 911 system emergency and nonof. Tripp on march 24, 2014 cases upholding the exempt status of dispatchers pursuant to the administrative exemption of the flsa generally have focused on whether the position requires the performance of decisionmaking duties and analysis beyond mere communication. Public safety dispatcher jobs, employment in california. For those reasons, the e911 dispatchers would not qualify either as law enforcement or fire fighting employees within the meaning of the 207k exemption, and are entitled to overtime compensation for all hours worked over 40 during the week, except, of course, those dispatchers who might be exempt from the fair labor standards act because. Cases upholding the exempt status of dispatchers pursuant to the administrative exemption of the flsa generally have focused on whether the position requires the. Maximum nonovertime hours under 7k exemption public safety. As most of you know, my wife rox has been working in the 911 field for almost two decades. The current government code defines as first responder as a public safety employee or volunteer whose duties include responding rapidly to an emergency.