Tropical Storm Barry and the FLSA

UPDATE 3 (8/1/19) There is still some discussion of pay for time worked during the State of Emergency for Hurricane Barry. Here is my best interpretation of the circumstances as they exist today:

  • What time is compensable time (the time you are paid for) is determined by the application of the FLSA (Fair Labor Standards Act).
  • Whether or not an officer gets paid for standby time is fact dependent and has to be examined on a case by case basis to determine if time is compensable time. What might be compensable time for one officer may not be compensable time for another officer.
  • Compensable time for a non-exempt employee must be paid and paid in a timely fashion. We have been told that FLSA payments are, in fact, being made in a timely fashion.
  • It is important to note that some employees are exempt employees. That is to say, they are not covered by the provisions of FLSA. So, just because the FLSA would indicate time was compensable for a non-exempt employee does not mean it is compensable time for an exempt employee.
  • There is also New Orleans Civil Service Rule IV, Section 11.1 which indicates that if the mayor declares an emergency and an employee has to work when everyone else has been sent home, then those employees who have to work should be given another day off during the pay cycle. If it is not possible to give the employee another day off, then all hours worked are paid at 1.5x. However, this is not an FLSA requirement.
  • The FOP Crescent City Lodge will be keeping an eye on the payments to make sure payments are made timely and correctly.

Continue reading