I'm and officer at a small Police Department in Ga. Recently the department posted sheets titled "extra Jobs". This was for traffic direction in the area of a mall during the holidays ( 8-10 officers per day for 10 days). The sheet said pay would be overtime/ extra hours. Officers were urged to sign up but not initially required. When the sheets did not fill due to all the other extra jobs that pay cash, as well as the already tight schedule, select officers were called in and ordered to take 2 days each. They were advised they would be disiplined if they refused. The supervisors then wrote their names on the extra job sheets as they liked. Since this was posted as an "extra job" and is non emergency traffic direction on private property, is this legal? At the least, were providing free security/ traffic to a private business (mall). In the years prior the mall hired security to perform this function.

Generally speaking, mandatory overtime is not prohibited by law. Why do you say "free"? Didn't you say they were going to pay overtime?

My question was primarily about the overtime. Thank you for the quick response. What I thought was different is that it was posted as an outside the department "extra job" that is usually paid by a private business or person. I thought that might make a difference that it was not represented correctly. I did not mean free for me. I ment free for the business recieving the services paid for by the city that others pay for. I've really learned a lot reading the threads here. I never realized how badly government employees are abused when it comes to labor laws.

At the least, were providing free security/ traffic to a private business (mall).

I seriously doubt the service was free to the business. Around here, if private businesses ask for police coverage, they get billed for it. Usually it is enough to provide a financial incentive for the business to use a private security guard company.

Unless you are covered by a contract that limits what your department can order in the way of mandatory overtime, you are out of luck.

That's exactly correct, ScottB. The business is going to have to pay the city.

I agree with you that they should, however the Chief cited that this was a burden of the Police Department that was placed on him by the city counsel. I can't recall speaking with any business in the last 10 years that has ever been billed by the city. If there is no law for it, I don't see how other than politically they would be accountable. We have a very tight budget so overtime is normally not allowed and offset by like time off. Our department also doesn't pay on-call time. The detectives attempted to confront the City about it a few years back and were backed down. They only thing said was that take home vehicles were the exchange for the on call time. The detectives cited that 1/2 of the current hourly pay per hour should be paid for on call time where they were not (and could not) participate in normal activities. I've been on call for three days at a time for 12 hours each and have never received pay except for hours worked. A department north of us was sued and settled with their employees for a similar incident about 2 -3 years ago. I tryed to find the lawyer but was unsucessful.

"Politically" is something I'm getting used to. :p

And did you post some time back about the city vehicle issue? I think I remember that post. ;)

No, I've never posted here before this. Could have been someone from near here. The overtime and on call problems are all too common around here. I was hoping that someone from the Gwinnette area would see these post and could recall the Attorney's name that won the "on call" suit.

I agree with you that they should, however the Chief cited that this was a burden of the Police Department that was placed on him by the city counsel. I can't recall speaking with any business in the last 10 years that has ever been billed by the city. If there is no law for it, I don't see how other than politically they would be accountable. We have a very tight budget so overtime is normally not allowed and offset by like time off. Our department also doesn't pay on-call time. The detectives attempted to confront the City about it a few years back and were backed down. They only thing said was that take home vehicles were the exchange for the on call time. The detectives cited that 1/2 of the current hourly pay per hour should be paid for on call time where they were not (and could not) participate in normal activities. I've been on call for three days at a time for 12 hours each and have never received pay except for hours worked. A department north of us was sued and settled with their employees for a similar incident about 2 -3 years ago. I tryed to find the lawyer but was unsucessful.
I would try to speak to an officer from this other office, to see if they know the name of the lawyer. Are you in a union? Have you spoke to your union rep if you are? I agree with the above mentioned, that they have every legal right to make you work overtime.

There are provisions under the FLSA in which a police office may work after his shift for a second employer in which these worked hours for this second employer are not combine with the worked hours of the primary (police) employer. The important issue here is to determine if the second employer worked hours are really from a second employer or the police officer is still working for his primary employer on extra duties, see 553.227(g).

PART 553— Application Of The Fair Labor Standards Act To Employees Of State And Local Governments

§ 553.227 Outside employment.

(a) Section 7(p)(1) makes special provision for fire protection and law enforcement employees of public agencies who, at their own option, perform special duty work in fire protection, law enforcement or related activities for a separate and independent employer (public or private) during their off-duty hours. The hours of work for the separate and independent employer are not combined with the hours worked for the primary public agency employer for purposes of overtime compensation.

(b) Section 7(p)(1) applies to such outside employment provided (1) The special detail work is performed solely at the employee’s option, and (2) the two employers are in fact separate and independent.

(c) Whether two employers are, in fact, separate and independent can only be determined on a case-by-case basis.

(d) The primary employer may facilitate the employment or affect the conditions of employment of such employees. For example, a police department may maintain a roster of officers who wish to perform such work. The department may also select the officers for special details from a list of those wishing to participate, negotiate their pay, and retain a fee for administrative expenses. The department may require that the separate and independent employer pay the fee for such services directly to the department, and establish procedures for the officers to receive their pay for the special details through the agency’s payroll system. Finally, the department may require that the officers observe their normal standards of conduct during such details and take disciplinary action against those who fail to do so.

(e) Section 7(p)(1) applies to special details even where a State law or local ordinance requires that such work be performed and that only law enforcement or fire protection employees of a public agency in the same jurisdiction perform the work. For example, a city ordinance may require the presence of city police officers at a convention center during concerts or sports events. If the officers perform such work at their own option, the hours of work need not be combined with the hours of work for their primary employer in computing overtime compensation.

(f) The principles in paragraphs (d) and (e) of this section with respect to special details of public agency fire protection and law enforcement employees
under section 7(p)(1) are exceptions to the usual rules on joint employment set forth in part 791 of this title.

(g) Where an employee is directed by the public agency to perform work for a second employer, section 7(p)(1) does not apply. Thus, assignments of police officers outside of their normal work hours to perform crowd control at a parade, where the assignments are not solely at the option of the officers, would not qualify as special details subject to this exception. This would be true even if the parade organizers reimburse the public agency for providing such services.

(h) Section 7(p)(1) does not prevent a public agency from prohibiting or restricting outside employment by its employees.