My wife is a 911 dispatcher for a county government. They are salaried. They pay overtime at half time salaried rate. Is this legal? (And they wonder why nobody wants to come work the extra shifts.) There was some controversey years ago about how the dispatchers were considered sworn law enforcement and the county didn't have to pay OT at all. The labor board came in and stated they weren't sworn law enforcement. Some of them received hefty back pay. Also I work there part time. They currently pay all part time employees $10.00 per hour (as of Jan 1 '07) and want to change it to $8.17 per hour. Is this legal? Thanks!

Yes, it is legal to change the pay rate. The other option would be to fire you all.

For most govt employees, time and one half is not required for OT. I'm not sure about 1/2 time, though.

Yes, it's legal to reduce your pay as long as you get at least minimum wage under federal or state law - whichever is the highest.

In -no employer shall employ any employee for a work week longer than forty (40) hours unless the employee receives compensation for employment in excess of the hours noted at a rate not less than one and one-half (1.5) times the regular rate at which he the employee is employed. (There may be some exceptions though - I don't know about government employees either.)

The overtime laws apply to public employers as well. However, is it possible that the employee in question is being paid on a fluctuating workweek method? In that case, it is legal to pay the overtime and half time, as the weekly salary is intended to cover all straight time hours worked in a workweek, no matter how few or how many.

OP, what is your wife's regular schedule? Do the scheduled hours fluctuate between under 40 and over 40 in a workweek on a regular basis?

And relative to your pay decrease, yes it is legal, especially since they have given you prior notice of the intent to lower your rate.

Thanks, Patty. I knew you or DAW would come along & know re government employees.

Thanks, Patty. I knew you or DAW would come along & know re government employees.

Just Patty. I am strictly private sector.

That's ok - re payroll I'm neither. :)

OP, what is your wife's regular schedule? Do the scheduled hours fluctuate between under 40 and over 40 in a workweek on a regular basis?


They work 36 hours one week and 48 hours the next week. Like I said before the Labor Board came in a few years ago. The director at the time eliminated the extra 8 hours because OT had to be paid and the county did not want to do that. I spoke with the former director about how this happened in the past and now they're doing it again. She didn't have an answer for me. I think she just went along with whatever the auditor said to do. I have some more phone calls to make to former employees so I can get all the facts straight before I start voicing my opinion to county officials.

There has been two Director changes and the county Auditor changed once. It seems to me the new people possibly aren't familiar with the laws. It is also possible the law changed.

It is also possible the law changed.

It hasn't changed.