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U.S. Department of Labor, Wage and Hour Division: The Law on Comp Time for Public Employees

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Compensatory Time:

Under certain prescribed conditions, employees of State or local government agencies may receive compensatory time off, at a rate of not less than one and one-half hours for each overtime hour worked, instead of cash overtime pay. Law enforcement, fire protection, and emergency response personnel and employees engaged in seasonal activities may accrue up to 480 hours of comp time; all other state and local government employees may accrue up to 240 hours. An employee must be permitted to use compensatory time on the date requested unless doing so would “unduly disrupt” the operations of the agency. In locations with concurrent State wage laws, some States may not recognize or permit the application of some or all of the following exemptions. Since an employer must comply with the most stringent of the State or Federal provisions, it is strongly recommended that the State laws be reviewed prior to applying any of the
exclusions or exemptions discussed herein.

For certain employees in the following examples, the calculation of overtime pay may differ from the general requirements of the FLSA:

ï‚· employees who solely at their option occasionally or sporadically work on a part-time basis for the same public agency in a different capacity than the one in which they are normally employed

ï‚· employees who at their option with approval of the agency substitute for another during scheduled work hours in the same work capacity

ï‚· employees who meet exemption requirements for Executive, Administrative, Professional or Outside Sales occupations

ï‚· hospital or residential care establishments may, with agreement or understanding of employees, adopt a fixed work period of 14 consecutive days and pay overtime after 8 hours in a day or 80 in the work period, whichever is greater

ï‚· mass transit employees who spend some time engaged in charter activities

ï‚· employees working in separate seasonal amusement or recreational establishments such as swimming pools, parks, etc

Source:Fact Sheet #7: State and Local Governments Under the Fair Labor Standards
Act (FLSA)

EPD investigating shooting in 3500 block of Taylor

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EPD PATCH 2012

 

Evansville police are looking for two suspects who beat and shot a man in the 3500 block of Taylor.
The victim, Robert Hill, told investigators someone knocked on his door. When he opened the door, two young black males entered the apartment. One of the suspects began beating Hill and the other suspect shot him multiple times.
Both suspects fled on a scooter. Hill was taken to a local hospital with multiple gunshot wounds.
Hill was the victim of a shooting in the same neighborhood earlier this year. The suspect in that shooting, Jermaine Felton, is currently in jail and awaiting trial.
Anyone with information on this shooting is asked to call EPD at 436-7979 or WeTip at 1-800-78-CRIME.

 

 

Employer Liability Under the Fair Labor Standards Act

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Any employee or former employee may file a complaint with the DOL’s Wage and Hour Division that an employer failed to meet its obligations under the FLSA. The DOL has the authority to investigate and make a ruling, and if it determines that the employer owes the employee back wages, it may enforce the ruling by a variety of methods:
  • conciliation – if the DOL can persuade an employer to cooperate, it may supervise a settlement of the claim between the employee and employer, in which case the employer may be able to escape with only liability for back pay (Section 216(c);
  • civil action for back pay and damages – the DOL may sue on an employee’s behalf to recover back wages and liquidated damages(Section 216(c);
  • injunction – the DOL may apply for an injunction to restrain further violations by the employer or to restrain the sale or transfer of goods produced with labor that was compensated in a way that violated the FLSA (Section 217);
  • criminal action – under 29 U.S.C. 216(a), the U.S. Department of Justice may bring a criminal action against an employer in the case of a willful violation of the FLSA; and
  • civil actions by employees - employees have the right to file suit in a court of competent jurisdiction to protect their rights under the FLSA (29 U.S.C. 216(c)).
If the DOL determines that there is no merit to the employee’s claim, it will issue a “right to sue” letter under 29 U.S.C. 216(b) (a “216(b) letter”) notifying the employee of his or her right under that provision to file a civil action in court to recover any amounts that might be due. As a practical matter of enforcement, due to limitations on agency resources, DOL will often issue “216(b) letters” even to those wage claimants who have valid FLSA complaints.
Dealing with FLSA Claims or Audits
Without a doubt, the FLSA is full of potential trouble spots for an employer, and the law gives the DOL enough teeth to be tough when investigating wage claims and enforcing the FLSA. It is good to be prepared with strategies for handling wage and hour investigations involving your company.
A wage claim or DOL audit is never a trifle. Even if you have a solid legal position, you must treat the situation as if you may end up having to pay extra money to employees or ex-employees. While there is no guaranteed formula for success, there are certain things you can do to encourage the wage and hour investigator to at least not view you or your company as a burden:
  • Present the requested information in a timely, concise, and organized manner. That will not only make things easier for the investigator (remember, you want the investigator out of there as quickly as possible), but also make your company look more credible and as if it has nothing to hide.
  • Do not make charges, allegations, or assertions to the investigator that either have nothing to do with a wage and hour situation, or else deviate too much from standard wage and hour law principles.
  • Treat the investigator with as respectfully as possible. DOL procedures leave investigators a surprising amount of discretion in the areas of regular rate calculations, pay method determinations, and hours worked, so it is worth an employer’s while to be pleasant, cooperative, and informative.
  • Be familiar enough with the wage and hour laws to know a good deal when the investigator offers it. Be careful � stonewalling, demanding, or asking for too much can easily backfire! Knowing when to say “OK” is a real art.
  • Consider hiring an experienced wage and hour law attorney. This is especially important in case the investigator has signaled a ruling against your company and is only concerned with calculating the amount, or in case the ruling has already gone against your company and you are trying to decide whether a settlement offer from the DOL makes any sense.
Recommendations for FLSA Compliance    
While court decisions do not lay out an express road map for avoiding corporate or personal liability under the FLSA, those decisions, as well as court rulings involving other types of employment laws, offer some strategies for minimizing the risk of claims or lawsuits:
    • Educate yourself about the intricacies of wage and hour law.
    • To the extent possible, train other managers and payroll department staff the same way.
    • Do not hesitate to call the DOL and your state’s wage payment law enforcement agency for help, advice, and training if possible.
    • If you become aware of wage and hour violations, correct them as soon as possible, even if it means extra work for staff.
    • If higher-ups hinder your efforts at wage and hour compliance, remind them in a diplomatic but clear way that personal liability can extend to anyone who had a hand in the allegedly illegal pay practice.
    • If all else fails, document your wage and hour advice to senior management and advise them of the possible consequences, thus putting yourself on record on the “right” side of the law and arguably removing at least yourself from the liability loop.

Bosma, Long say GOP caucuses will decide how to proceed on marriage

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By Lesley Weidenbener
TheStatehouseFile.com

INDIANAPOLIS – The Republican leaders of the Indiana General Assembly said Monday they won’t control the fate of the proposed marriage amendment but will leave the decision about how to proceed on the controversial measure up to their GOP members.

House Speaker Brian Bosma, R-Indianapolis, said during a panel discussion Monday that he won't dictate how the House handles a proposed constitutional marriage amendment. Bosma said the GOP caucus - which holds a majority of seats in the chamber - will decide. Photo by Jesse Wilson, TheStatehouseFile.com

House Speaker Brian Bosma, R-Indianapolis, said during a panel discussion Monday that he won’t dictate how the House handles a proposed constitutional marriage amendment. Bosma said the GOP caucus – which holds a majority of seats in the chamber – will decide. Photo by Jesse Wilson, TheStatehouseFile.com

Still, House Speaker Brian Bosma and Senate President Pro Tem David Long said they’re seeking a civil discussion – one without name calling and judgments.

“I don’t think one person – one judge, one university president or one person in a boardroom” should decide how the proposal is handled, said Bosma, R-Indianapolis, during a panel discussion at an Indiana Chamber of Commerce event.

“It needs to be made by elected representatives,” Bosma said. “This is a tough one, but we’ll decide together. We’ll decide it collaboratively.”

Long said no one has taken “the vote” among his members to determine how the group wants to proceed on the amendment, which would define marriage as the union of one man and one woman. The proposal would also ban same-sex civil unions.

“I am not going to try to dictate what’s going to happen on this issue,” he told a couple hundred business officials.

The legislative leaders’ comments were the first on the marriage issue in months. Earlier this year, Bosma and Long postponed votes on the proposed amendment because the U.S. Supreme

Legislative leaders - from left, Senate President Pro Tem David Long, R-Fort Wayne; Senate Minority Leader Tim Lanane, D-Anderson; House Speaker Brian Bosma, R-Indianapolis; and House Minority Leader Scott Pelath, D-Michigan City - took part in a panel discussion Monday at an Indiana Chamber of Commerce event. Photo by Jesse Wilson, TheStatehouseFile.com

Legislative leaders – from left, Senate President Pro Tem David Long, R-Fort Wayne; Senate Minority Leader Tim Lanane, D-Anderson; House Speaker Brian Bosma, R-Indianapolis; and House Minority Leader Scott Pelath, D-Michigan City – took part in a panel discussion Monday at an Indiana Chamber of Commerce event. Photo by Jesse Wilson, TheStatehouseFile.com

Court was considering another state’s marriage laws. The leaders said then that they planned votes in 2014 and expected the measure to pass.

But public opinion on the issue has been shifting – and so have the views of some lawmakers. A growing coalition of businesses and organizations including Eli Lilly & Co. and the Indy Chamber are also pressuring lawmakers not to vote on the proposal.

On Monday, Freedom Indiana joined with Interfaith Coalition on Non-Discrimination to deliver a letter to lawmakers opposing the proposed amendment. The letter was signed by more than 300 faith leaders across the state.

“We are Indiana clergy, leaders of faith communities, and other religious professionals,” the letter reads. “Our backgrounds and those of the people we serve vary widely. Our views on marriage differ. But we speak with one voice to oppose amending the Indiana Constitution to define marriage.”

Matthew Myer Boulton, president of the Christian Theological Seminary, joined a group of religious leaders Monday at the Statehouse where the Interfaith Coalition on Non-Discrimination delivered a letter to legislators opposing a constitutional amendment that would ban same-sex marriage. Photo by Jesse Wilson, TheStatehouseFile.com

Matthew Myer Boulton, president of the Christian Theological Seminary, joined a group of religious leaders Monday at the Statehouse where the Interfaith Coalition on Non-Discrimination delivered a letter to legislators opposing a constitutional amendment that would ban same-sex marriage. Photo by Jesse Wilson, TheStatehouseFile.com

The General Assembly has already approved the amendment once. But it must two consecutive, separately-elected legislatures to be put on the ballot for possible ratification for voters. If the proposal is not approved in 2014 or if it’s amended the amendment process would start over.

At Monday’s panel, GOP legislative leaders stressed that despite the timing, the proposed amendment won’t be the most important thing on the session’s agenda. Bosma said workforce and education issues will top his caucus’ list of goals.

Senate Minority Leader Tim Lanane, D-Anderson, agreed but had a different take.

“It is not the most important issue we will be facing,” Lanane said. “But it is the most divisive.”

Lesley Weidenbener is executive editor of TheStatehouseFile.com, a news website powered by Franklin College journalism students.

 

Organization Day charity drive focuses on giving back

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Ron Bacon
Ron Bacon

STATEHOUSE — State Representative Ron Bacon (R-Chandler) joined House Speaker Brian Bosma (R-Indianapolis), legislators, staff and other state office holders in donating sporting equipment and other items to the Special Olympics of Indiana today at the Statehouse.

“Special Olympics Indiana is honored to be chosen by Speaker Bosma for Organization Day.  Research has found that individuals with intellectual disabilities who participate in Special Olympics become more involved in their communities.  Our over 11,000 athletes throughout Indiana live, work and vote in almost every county throughout the state,” said Special Olympics Indiana CEO/President Michael Furnish.

The Special Olympics of Indiana is a nonprofit organization that provides year-round sports training and athletic competition in a variety of Olympic-type sports for children and adults with intellectual disabilities. These athletes represent 74 county and local programs each run by volunteer management teams who recruit participants, conduct sports training, raise money, build awareness and compete at local and state events.

“It is always great to see legislators and staff on both sides of the aisle come together to give back to Hoosier communities. The Special Olympics of Indiana is a great organization, and it was a pleasure to meet with the athletes and hear how the Special Olympics has made a positive impact on their lives,” said Rep. Bacon. “As a youth softball coach for over 20 years, I understand the importance of physical fitness and the camaraderie that comes with teamwork. I appreciate the opportunities that this organization provides to athletes of all ages and was proud to take part in this event.”

Legislators and staff brought in sporting equipment, food, drinks, office supplies, and other items for the Special Olympics of Indiana. Five athletes were present to accept the donations and thank those who participated in the collection efforts.

For more information on the Special Olympics of Indiana, visit www.soindiana.org.

 

 

IS IT TRUE November 20, 2013

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Mole #3 Nostradamus of Local Politics
Mole #3 Nostradamus of Local Politics

IS IT TRUE the City of Evansville may have bitten off more than it will be able to chew and digest with the recent revelation that it is standard practice to allow city employees to accrue compensatory time that exceeds the federal labor law limits of 480 hours for police and fire or 240 hours for other public employees?…the house of cards is likely to be rattled and shaken when the 50+ employees who are carrying excessive comp time learn that the time to collect this time is limited to 2 years and that the statute of limitations for filing a claim is 3 years?…there is a real possibility depending on personal circumstance that many of the hours currently on the books got there through a possible illegal practice and will be forfeited?…it is up to each employee to schedule the comp time off and unless there is a material disruption the employer (City of Evansville) cannot legally prevent them from taking this time off?…the CCO expects there will be much wailing and gnashing of teeth in the EFD and the EPD over the City’s standard practice of  possible violating of federal labor laws?

IS IT TRUE the question remains just how could such a seemly blatant illegal practice go on under the noses of the City Department Heads, the past and present City Controllers, the last three Mayors, and the HR Department?…it is also interesting that the State Board of Accounts seems to have let this issue slip under their noses during the annual audits?…the other question that needs to be asked is why the City of Evansville HR department could allow this to happen?…ignorance of federal labor laws by a city that receives CDBG dollars is not an expectation or a defense for such a lack of oversight?…complacency in allowing supposedly unknowing department heads to habitually violate federal labor laws is not an acceptable defense for the damages done either?…as for Mayor Winnecke, his public statements make it acutely obvious that he knew this when he was interviewed in September regarding the dismissal of EMA Director Sherman Greer partially for allowing an employee to accumulate 1,100 hours of comp time over a period of years?…THE CITY OF EVANSVILLE IS RESPONSIBLE FOR KNOWING FEDERAL LAWS AND FOR TRAINING DEPARTMENT HEADS IN HOW TO COMPLY WITH THESE LAWS?…this is yet another  combination of ignorance and arrogance from local government?…we wonder just what would ever possess a department head to make a statement like “I am not losing any sleep over this” when people in executive positions have gone to jail for federal labor law violations?

IS IT TRUE it would be interesting to learn what has been done in the past when people with comp time over the federal limits have retired, resigned, or been fired?…if any former city employees have cashed out excess comp time that may just open the door for everyone to do so?…Evansville may not be in compliance with federal law until no one has any hours that are above the statutory limits?…that may take many millions of tax dollars to achieve this compliance?…this is dollars that we don’t have money in the budget because the facts about the $5 Million of unbudgeted liability were seemly intentionally withheld from the City Council during the budget hearings?…we wonder how many budgets have been passed with excessive  comp time on the books but not listed as a unbudgeted liability?

Evansville Police Officer Nathan Schroer Passes Away

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24013483_BG3Evansville Police Detective Nathan Schroer’s courageous fight with Leukemia has come to an end today. Nathan has been with The EPD for 11 years serving as a motor patrol officer, part of the Crime Prevention Unit and most recently Nathan was assigned to Holly’s House, investigating Domestic and Sexual Violence Crimes.

 

Nathan was an invaluable member of the Police Department, his Church and his Community. Nathan served as the interim pastor for Northwoods Church where he shared his faith with the community. Nathan also led a weekly bible study for Law Enforcement known as Code3 Ministries.

 

Nathan has overcome adversity and done the unthinkable since first being diagnosed with Leukemia 9 years ago. When Nathan needed a perfect match for a bone marrow transplant, he found a donor in a brother from whom he was separated from at birth and never knew he had. When Nathan was told he would not be able to have children of his own, he and his wife, Lindsay adopted. A few years later, Nathan and Lindsay again beat the odds by having two children of their own. When Nathan was diagnosed with a second round of Leukemia, he beat it, again.

 

The community support for Nathan has been immense and thousands of dollars have been raised in his name. Donations will continue to be accepted on behalf of Nathan on the EPD Foundation website. www.epdfoundation.org/schroer.html

 

 

Employee goes on wild ride when fleeing shoplifters hit her with their car. Suspects arrested after fleeing the scene

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Evansville Police arrested two women on multiple charges after they shoplifted at a toy store and injured an employee during their get-away.
Investigators believe 26 year old Tiffani Lowe and 25 year old Kayla Jackson stole over $700 worth of toys from Toys-R-Us. When they left the store without paying for the items, an employee tried to stop them on the parking lot. The employee told Lowe and Jackson that the police had been called and that they needed to wait for the police to arrive.
The employee told investigators that the two women placed the items in their car. Lowe got into the driver’s seat and backed out of the parking spot. The employee was standing at the front left side of the car. When Lowe backed out of the spot, she turned the wheel causing the side of the car to strike the employee. When the car hit her, the employee fell onto the hood of the car. Lowe put the car in drive and began to flee with the employee on the hood. When Lowe made a quick turn to leave the lot, the employee fell off the car. The employee was injured and was taken to St. Mary’s Hospital for treatment.
An off-duty Vanderburgh County Central dispatch supervisor witnessed the events and was able to follow Lowe and Jackson as they fled. He updated the location of the suspects and officers were able to catch up with them on the campus of St. Mary’s Hospital. During the arrests, Lowe resisted and was taken into custody after a brief struggle.
Lowe and Jackson were charged with Strong Armed Robbery with Injury, Shoplifting, and Criminal Recklessness. Lowe is also charged with Resisting Law Enforcement.

EPD Activity Report: November 18, 2013

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EPD PATCH 2012

EPD Activity Report: November 18, 2013

IS IT TRUE November 19, 2013

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Mole #3 Nostradamus of Local Politics
Mole #3 Nostradamus of Local Politics

IS IT TRUE that last week the City County Observer was the first to publish the fact that the City of Evansville is sitting on a $5 Million liability for “comp time” on the books for city employees?…the City of Evansville’s practice of giving out “comp time” instead of paying employees overtime as is customary and required by federal labor laws?…the federal government limits the number of “comp time” hours to 480 for any given employee to have on the books at any given time yet it has been revealed that one City employee has 2,400 hours worth more than $50,000 on the books in comp time and that 51 city employees are currently above the Department of Labor limit of 480 hours on the books?…Mayor Winnecke has had two responses to this comp time revelation during the last two months?…when he was all about firing former EMA Director Sherman Greer Winnecke’s response was “The amassing of 1,100 hours, equating to almost $18,000 in comp time for a single individual without justification, is extremely troubling,”?…when confronted by WFIE over the story broken by the CCO about the $5 Million liability the City is facing Mayor Winnecke sounded more like President Obama trying to distance himself from the ObamaCare disaster by saying “I did not know that there were numbers that high?”

IS IT TRUE in all fairness to Mayor Winnecke, it has not been disclosed how many of the 110,000 hours of comp time on the books were there when he took office?…comp time has been used by the City of Evansville for many years in lieu of overtime to kick the compensation can down the road to future administrations to deal with?…the practice of compensation using comp time is so ingrained that an EMS class that the Fire Chief made every firefighter on the department go to cost the city over 2800 comp hours which is roughly $70,000.00 at the time they were accrued?…when these hours are cashed out they will be worth much more than they were when they are accrued?…the way this works is if one earns 100 hours of comp time say 10 years ago when they were making $15 per hour but keep them on the books until retirement the hours grow in value to the most recent hourly rate?…one could have gotten comp time at a new hire rate yet cash that same comp time out as a Department Head at a much higher rate?…this is pretty much a Madoff style scheme used to keep the City from having to fork over the cash but allowing the employees to bank the hours which pay a better interest rate than most banks do nowadays?…Mayor Winnecke fired a department head partially for allowing his employee to accumulate 1100 hours at an hourly rate well below a firefighter’?… the EMS class could have easily been taught in house since an instruction department and an EMS coordinator are on staff?…it will be interesting to see this play out as it will be learned if Mayor Winnecke chooses to be selective in how he distributes his punishments?…in a sane city the obvious first step is to cease the accrual of comp time above the federal limit of 480 hours AND make an immediate provision to buy the accrued time down over the next several years even if it means cutting something else from the budget?…the fact that this was known but withheld repeatedly during the budget processes undergone by the City of Evansville over a number of years is a federal violation and should be treated as such?…withholding material information in the real world of public company management is a prosecutable offense?

IS IT TRUE the CCO has learned that Evansville-Vanderburgh School Board President Sally Becker has disclosed that she will be resigning from this position at the end of the year to accommodate her relocation to another location?…this is the right thing to do and will leave a vacancy on the school board?…we hope to see some well qualified people who are not already on the payroll of the City or County seek this elected position?  … the CCO was the first to report  in a recent IS IT TRUE article that she sold her condo in Evansville and plans to move to Chicago.

IS IT TRUE the City of Evansville is having to resort to using the long arm of the lawsuit to attempt to recover the $350,000 overpayment issued to a Kansas City firm that did some work on the Ford Center?…while $350,000 is a small amount compared to the total cost of the Ford Center it is another symptom that the financial management of the City of Evansville has a history of incompetence?…between a failed accounting software integration (sound familiar to DC?), an inability to reconcile, three budgets ratified without a clean audit, $5 Million in illegal comp time, and other sloppiness coming home to roost, Evansville is beginning to look like a City that can’t count?…the worst part is that only a few city council members seems to care?…one has to ask, “how can a group that can’t count handle a Billion Dollars worth of infrastructure repairs?”

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