Legal Question in Employment Law in Maryland

Overtime Pay Issue

1) I'm a Law Enforcement Officer (Investigator)

2) We are assigned ''On-Call'' duties 1 week out of every month.

3) We are not compensated for the �On-Call� time when no calls are received�no problem.

4) When we are called, and spend our �Off Duty� time answering questions, talking to victims, etc. and learn that we are not needed or close case by-phone, we are told we will not be compensated for these actions. Some of these calls go to 1-2 hours in length.

Below is what we have been given to sign:

This is to clarify that when On-Call and an allied agency (CPS, Hospital, Police) contacts you for advice or recommendations etc. regarding a possible case and it is determined that a response is not needed, no over time will be awarded for these phone call(s). Only in circumstances where a response was needed and a report written by the On-Call investigator will OT be awarded.

Is this act legal and if not, can someone point to the law code?


Asked on 6/15/07, 11:17 am

1 Answer from Attorneys
Adele Abrams Law Office of Adele L. Abrams PC

Re: Overtime Pay Issue

It appears that your employer may be violating the Fair labor Standards Act but we would need to determine if you work more than 40 hours in a week (including the "on-call" time actually worked) and whether you are exempt for some reason. Is there a collective bargaining agreement in place, for example? If more than one worker is affected, this could be a collective action. We regularly handle these in US District Court in MD. Please contact us for more information. See our website at www.employment-law.biz. Thank you!

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Answered on 6/16/07, 11:57 pm


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