Legal Question in Employment Law in Georgia

over time pay for on-call police officers

I am an investigator with a Police Department . Part of my responsibility is to be periodically on-call. On-call status restricts liberties I am have when not on-call and I am only compensated for my time when I actually go in and work. I am of the understanding there has been a recent court decisions which requires the employer to compensate on-call police officers for their time regardless of whether or not they actually work since the on-call status retricts their liberty.

I have heard this is an additional 25% pay when working in the on-call status. I have also be told agencies are having to go back to 1994 and compensate those officer who have been in an on-call status.

Can you check to see if you are familiar with any court decisions regarding the above. Please let me know something as soon as possible.

Thanks,


Asked on 2/27/00, 7:36 pm

1 Answer from Attorneys
Jeff Kent Kent & Merritt, P.A.

Re: over time pay for on-call police officers

I am not aware of any such case. Traditionally, workers (including police officers) are not entitled to compensation for on-call duty unless the restrictions to one's liberty are pretty significant, but I cannot tell from your post whether or not the restrictions you operate under while on-call are sufficient to entitle you to companesation. Regarding the 25% requirement, I would guess that such amount was part of a settlement agreement between the parties, because the Fair Labor Standards Act (which governs comensation issues such as minimum wage and overtime) provides for regular time or time and one-half, and I am not aware of any 25% requirement. If you have further questions regarding whether your particular restrictions while on-call should entitle you to compensation, please call or e-mail me.

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Answered on 4/20/00, 12:43 pm


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