Police lawsuit -overtime pay for off-duty Blackberry usage

[Nova78]

Chicago police officer Jeffrey Allen's lawsuit asks for overtime for off-duty Blackberry usage | abc7chicago.com

A Chicago police officer has filed an overtime pay lawsuit against the city. He wants compensation for the time he does police work on his department-issued Blackberry while at home.


They are our constant companion, but when the work day is done, are you still consumed by a heavy load of work-related calls and e-mails? And how much of your personal time does that eat up?

If you're an hourly employee, should you not get paid overtime for that? What if you worked in the Chicago Police department's Bureau of Organized Crime?

"If they have a half-hour phone call outside of work hours to a superior about a search warrant they're gonna work on the next day, that is something that needs to be paid for," said Paul Geiger, attorney for Sergeant Jeffrey Allen.

Allen is suing the city, contending that he was very frequently "required to use" his department Blackberry when off-duty and that he "was not compensated for it."


City Government pond scum !

 

[editec]

Is he an hourly employee or is he a salaried employee?

That makes all the difference.

 

[Nova78]

He should be glad he even has a job, he is a clown cop .

 

[Charles_Main]

Is he an hourly employee or is he a salaried employee?

That makes all the difference.

BS, I am hourly and have to respond to Texts, and shit all the time when off the clock. These fuckers are greedy dick heads. And we wonder why Cities across America are going Bankrupt.

 

[AmyNation]

I think it depends. If you are required to do something and you don't get it done during duty hours so you finish at home? I say you shouldn't be compensated. However if your boss is handing out "homework" and expecting you to spend an hour or two every night working from home, then yes, you should be paid for that.

 

[bucs90]

This is rampant among police departments. You are never "off work" as a cop, you are a cop 24/7 and can get called or activated into work at any time. They are all hourly below the rank of LT. So, overtime laws apply to them.

And for all you private sector heroes out there bitching about "I have to take calls off work", well, tough shit you can get RICH in your private sector job and you get big bonuses if your business succeeds. Cops are guaranteed to never get rich, and never get big bonuses. So if they want to actually get paid for consulting about work while "off", then so be it.

 

[bucs90]

My neighbor works for the county sheriffs dept here. He is a detective on an 8-5 shift. They work with a time clock where they have to clock in and out, since they are hourly, because the county wants to cut the budget and now makes sure they dont pay any extra for their cops than necessary.

What Charleston County is SHOCKED at is (OH DAMN) they are paying a LOT more for their cops now than before, because their cops did so much extra work off the clock, staying late, etc, without being paid for it. Now, they get paid for every hour they work, and the county is pissed.

But the funny part? Due to laws, they MUST clock out for a lunch break, and are forbidden from doing any work during that hour. Cant eat at desk off the clock. They MUST leave headquarters for the hour. ANd when shit isn't done, they get the old order "Take it home, find a way to have it done by the morning".

Fuck it. Hope Chicago has to pay those men for all their work.

 

[OriginalShroom]

I'm on both sides of this.

Police are never "off duty", that is why so many drive the patrol cars home at night and carry their weapon every where they go.

 

[bucs90]

One last thing:

If he is "off duty", they shouldnt be able to reach him on that work phone, nor should he be required to answer it. HOWEVER, if they can reach him, and he is required to answer, then the second that phone rings, he is no longer OFF duty, he then begins performing his job as a police officer. Same as if he were walking down the street, saw a rape, and jumped in to stop it. As soon as his job duty kicks in, he is ON duty.

But, the right wing cop hate is so intense, they'll ignore that fact.

 

[jwoodie]

This is rampant among police departments. You are never "off work" as a cop, you are a cop 24/7 and can get called or activated into work at any time. They are all hourly below the rank of LT. So, overtime laws apply to them.

And for all you private sector heroes out there bitching about "I have to take calls off work", well, tough shit you can get RICH in your private sector job and you get big bonuses if your business succeeds. Cops are guaranteed to never get rich, and never get big bonuses. So if they want to actually get paid for consulting about work while "off", then so be it.

In California, CHP officers are paid overtime for lunch because they might be called to duty. Average salary is over $100k with $90k retirement after 30 years. Plus free lifetime health coverage. ANY cancer or heart problems are deemed worked related and result in 100% tax free disability retirement. Nice.

 

[ogibillm]

One last thing:

If he is "off duty", they shouldnt be able to reach him on that work phone, nor should he be required to answer it. HOWEVER, if they can reach him, and he is required to answer, then the second that phone rings, he is no longer OFF duty, he then begins performing his job as a police officer. Same as if he were walking down the street, saw a rape, and jumped in to stop it. As soon as his job duty kicks in, he is ON duty.

But, the right wing cop hate is so intense, they'll ignore that fact.

that is my response as well.

if he's required to keep the phone near and answer then when he is on it he's working and should be compensated.

but if he's just using the phone of his own volition to get some work done i have a problem with him getting paid. you don't get to decide on your own that you're working over time.

 

[bucs90]

This is rampant among police departments. You are never "off work" as a cop, you are a cop 24/7 and can get called or activated into work at any time. They are all hourly below the rank of LT. So, overtime laws apply to them.

And for all you private sector heroes out there bitching about "I have to take calls off work", well, tough shit you can get RICH in your private sector job and you get big bonuses if your business succeeds. Cops are guaranteed to never get rich, and never get big bonuses. So if they want to actually get paid for consulting about work while "off", then so be it.

In California, CHP officers are paid overtime for lunch because they might be called to duty. Average salary is over $100k with $90k retirement after 30 years. Plus free lifetime health coverage. ANY cancer or heart problems are deemed worked related and result in 100% tax free disability retirement. Nice.

So what. They ARE on duty at lunch, if shit hits the fan, and they are in uniform, they are obligated by policy to act. So they are never "off" duty in that uniform or that car. PLENTY of "off duty" cops have been killed trying to protect others.

Does CHP make a lot? Yep. More than 99% of other cops.

We always hear that soldiers, cops, firemen, teachers, etc, "dont get paid what they're worth" (well, at least the sane people who are radical anti-govt types). Then, when someone gets what they're worth, you bitch about it.

 

[bucs90]

Ogibilim, you're 100% right. Chicago PD has an EASY way to make this lawsuit go away, and NEVER deal with this issue again. STOP calling cops when they are OFF work demanding they consult about work issues. They're OFF. Make them leave the work phone at WORK.

 

[OODA_Loop]

One last thing:

If he is "off duty", they shouldnt be able to reach him on that work phone, nor should he be required to answer it.

Yes being able to reach an off duty cop on a departmental phone is crazy.

You have the bat signal.

 

[bucs90]

One last thing:

If he is "off duty", they shouldnt be able to reach him on that work phone, nor should he be required to answer it.

Yes being able to reach an off duty cop on a departmental phone is crazy.

You have the bat signal.

Not crazy. BUT, once they call him, he is now ending his free time, and answering to a supervisor on that phone, and thus, "working" in his capacity as a cop. Just like a private sector consultant would be if giving instructions to a client over the phone.

Cops risk their lives to "protect us" (familiar term, huh?). But they dont do it for free.

 

[OODA_Loop]

Not crazy. BUT, once they call him, he is now ending his free time, and answering to a supervisor on that phone, and thus, "working" in his capacity as a cop. Just like a private sector consultant would be if giving instructions to a client over the phone.

Cops risk their lives to "protect us" (familiar term, huh?). But they dont do it for free.

The example was about a call regarding him serving a warrant the next day.

He is not an hourly patrol officer.

Serving warrants as a Sgt = 24hr access

 

[bucs90]

Not crazy. BUT, once they call him, he is now ending his free time, and answering to a supervisor on that phone, and thus, "working" in his capacity as a cop. Just like a private sector consultant would be if giving instructions to a client over the phone.

Cops risk their lives to "protect us" (familiar term, huh?). But they dont do it for free.

The example was about a call regarding him serving a warrant the next day.

He is not an hourly patrol officer.

Serving warrants as a Sgt = 24hr access

Do you have proof of that? Seriously.

Most cops are hourly. Every PD I've ever been familiar with have been hourly up to the "Command Staff" ranks, which like the military, is Lt. and above. They are salary. Sgt and below is hourly.

And if he is 24 hour access, but is a 40 hour employee, then you must pay him for any time you make him work after that 40. However, if cops were paid for all the hours that truly work, you the taxpayers would be paying almost every cop about 50-60 hours a week, and the OT would break the city budget. Sounds like this is just one disgruntled Sgt who had enough and decided to do what tens of thousands of others have daydreamed of: Holding the city accountable to (crazy thought) pay them for the hours they actually work.