Legal Question in Employment Law in Virginia

Overtime pay
Police officers within my agency cannot claim overtime until we have accrued 96 hours of overtime leave on the books.Any overtime beyond 96 hours must be compensated in pay per law. Our agency has forced those of us with 96 hours on the books to take eight hours of overtime leave, putting us back at 88 hours accrued. Therefore, whenever an officer works in excess of 40 hours in a week,the Department forces that officer to take the first three hours as straight compensatory time and all additional hours as overtime leave. When it appears we are going to be back at the 96 hour maximum again, we are forced to take overtime leave which puts us back at 88 hours. This practice keeps us from being paid for the overtime hours we work each week. Is this legal within the federal and state labor law guidelines?

Asked on 1/21/02, 1:34 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Overtime pay

You should make a discreet inquiry to the Labor and Employment Law Division of the Va. Dept of

Labor and Industry (VDLI)to see whether there are

any violations of state labor laws in these overtime requirements.

You should also check with your local union representative(assuming that you have one) to

determine whether these overtime practices violate

any provisions of the union contract.

When you have the answers (to the extent that they

can be provided) from these two sources, you should be in a position then to decide whether you wish to consult further with a lawyer.

Answered on 1/21/02, 2:01 pm

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