Government Employee Overtime Pay Lawyer
Government workers like firefighters, EMTs, paramedics, police, and other law enforcement personnel serve the rest of us each day. In exchange for their service, these employees deserve to be paid correctly. Unfortunately, government employees are often shorted on their overtime pay or premium compensation.
Our government overtime pay lawyers have the experience and expertise to represent you and recover your owed wages. We have expertise in the special overtime and compensation rules that apply to government employees at the federal, state, and local level. For more information about your rights, click the relevant link below:
- Law Enforcement Employees;
- Fire Protection Employees, Firefighters, and Rescue Workers; and
- Federal Government Employees.
A Summary of Government Police Overtime Pay
State and local government employers are generally required to pay police and law enforcement employees overtime pay when they work more an average of 43 hours a week if the government employer has adopted tour of duty or work period of 7 to 28 days.
Not all persons employed in public safety or security positions are considered to be police and law enforcement employees. Instead, only persons who are engaged in the following activities are generally law enforcement employees:
- have the power to enforce public safety and criminal laws, including correctional institution security personnel, regardless of whether they are in uniforms or plain clothed officers;
- have arrest powers; and
- have received training and instructing in firearm proficiency, criminal and civil law principles, investigation and law enforcement techniques, self-defense, community relations, medical aid, and ethics.
A law enforcement employee’s rank or duty assignment is irrelevant.
Employees are frequently misclassified as partially exempt law enforcement employees who are employed in the following jobs:
- public safety officers without the power to arrest,
- maintenance workers,
- clerical employees in police stations,
- jails and correction institutions,
- building and health inspectors,
- parking attendants,
- animal control workers,
- sanitation employees,
- traffic control employees,
- tax compliance agents,
- building guards, or
- civilian support personnel such as dispatchers, radio operators, and medical staff.
Overtime Pay for Federal Government Employees
The federal government must pay most employees overtime as required by the Fair Labor Standards Act (FLSA). Overtime pay for federal government employees is determined by special rules and regulations that are often particularly complex. Some federal employees who are not entitled to overtime pay under the FLSA still may be entitled to overtime pay under Title 5. Some forms of government pay, such as LEAP and hazard pay, are available under Title 5, but not the FLSA.
Overtime Pay for Government Firefighter Employees
State and local Government employers are generally required to pay overtime pay for firefighters and rescue employees when they work more than an average of 53 hours a week, or up to 212 hours in a 28 day cycle, if an employer has adopted and established a tour of duty or work period of between 7 and 28 days. Local government employers often pay firefighters and rescue employees illegally.
A public employee considered to be engaged in fire protection activities when they perform the following job duties:
- the employee is employed by a fire department, trained in fire suppression, and has the legal authority and responsibility to engage in fire suppression, and
- the employee is engaged in the prevention, control, or extinguishment of fires or response to emergency situations where life, property, or the environment is at risk.