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Thread: Call out compensation Missouri

  1. #1
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    Default Call out compensation Missouri

    As an employee of a police department in Missouri, if you work four, 10 hour shifts per week and then are required to be on call for 3 or more hours per night does the city have to compensate you for being on call? I am paid hourly, and when on call I am restricted in activities. If called out, I must have immediate response for various crimes. Our department use to pay us for ten hours and then one extra hour for being on call. Now since the overtime law regarding law enforcement they are making us work nine hour shifts and then paying us for one extra hour per day to make the forty hours. Is this right? Doesn't seem right.

  2. #2
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    I'm assuming this is not covered in your CBA (or you're not under a union contract)?

    Let me contact a colleague about what my prior employer did (not saying this will be definitive legally, but will give you an idea of what other municipalities are doing). How big is this city?

  3. #3
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    Default call out continued

    The town is small around 2700-3000 with 6 full time officers. No we are not union.

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    Depends on how restricted your activities are. I take it you have to stay in the local area and not drink alcohol? Those two things, even together, don't normally meet the criteria. What kinds of situations occur when you are called? How fast is "drop everything?" How often do you get called, say, in an average month?

  5. #5
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    Default on call

    Average call outs just for myself range from 4-6 times per month and about the same for the other three that do this as well. As far as how fast? Well you are expected to respond just like you would if you were out in town and on duty in your car. The typical call out is usually for domestic violence, alarms sounding or motor vehicle accidents. Say for instance you were called out for a domestic situation, they would not want a 10 minute response while a woman or man is being assaulted. They say the only reason they are doing this is to keep overtime hours down, but they never had a problem with it until they had to start paying us actual overtime pay and not straight pay. Yes we are required to be in town during the call out period and no alcohol can be consumed.
    Last edited by cnjbrooks; 02-06-2008 at 12:36 PM. Reason: forgot to type reasoning

  6. #6
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    "No alcohol" and "in town" are not legally significant. "10 minutes" is, and less then 10 minutes certaintly is. The problem is there is no "bright line" test, but instead federal or state DOL looks at case law, regulations and the personnal opinions of whoever is making the decision. I will include a pointer to the federal regulation. Your state is not my state, and I have no idea what your state's rules (if any) on the subject is. You might want to give state DOL a call, but a less then 10 minute response almost certainly crosses the line, IMO, not the DOL cares about my opinion. Also, it is not like you are the very first law enforcement officer with this question. Some where there is a ton of case law on this subject.

    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.17.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

  7. #7
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    I was in Missouri for a couple of years and they don't have anything re: "on-call" time. Missouri pretty much follows federal regulations.

    When I was in Maryland, our FOP contract specified comp time at straight-time for on-call and overtime when actually called in. Of course, this was a much bigger city with over 3,000 officers, so about the only ones who were called for immediate response were homicide dectectives.
    Last edited by Pattymd; 02-07-2008 at 04:05 AM.

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