Time Due Ruling
Chicago Police officers denied their requests to take compensatory time off could be in line for damages at a time when the city is strapped for cash, thanks to a federal appeals court ruling this week.
Denying the city's appeal, the 7th Circuit U.S. Court of Appeals ruled that the Police Department can no longer cite manpower shortages to indefinitely deny requests from rank-and-file officers to use comp time awarded in lieu of overtime pay.
The Fair Labor Standards Act requires the city to grant comp time requests made with sufficient notice, even if it means calling other officers in on their days off to fill the void. The act applies to time earned above and beyond 11 overtime hours in a four-week period.
But what seems to be missing from this entire article is why would the Department feel the need to deny officers time off that they earned unless the Districts and Watches are so undermanned that they can't put up the cars and officers they need to maintain operations?
The facade continues to crumble, and the media continues to ignore the increasingly obvious fact that we are shorthanded, dangerously shorthanded, and will continue to be for the foreseeable future.
Labels: info for the police
posted by SCC at 12:04 AM
62 Comments:
not only does the city lose and lose big but so do the suburbs that have jumped on the bandwagon and denied comp time due to manpower shortages.
Time to hire the personnel that should have been hired years ago or crack open the piggy banks.
C'MON!
A couple more good, hard shoves & the shortshanks house of smoke, mirrors & bullshit will collapse like a vermin infested west-side burn-out!!!
Is this going to apply to New Year's Eve??? You know...cuz EVERY YEAR right around the holidays the memo comes on down the line that reads "Per: The Deputy, ALL TIME DUE MUST BE APPROVED BY HIM!!" also known as take it deep no time off for you!
Dads been retired 12 years now. Had to work 1st watch alot of years while my brother and I played Little League, cub scouts etc. THANKS DAD
Going around the clock back then just didnt work for Dad. He knew what was important. THANKS DAD
If you can- give your Dad a call and say thanks... I will be.
BTW- Feel free to call me to work my RDO- 1st watch please so I can continue to coach my sons baseball team.
Would someone please explain if this means they can not limit time due on certain days (i.e., New Year's Eve)?
I haven't denied a slip before or since the department rescinded the order and said we 'sure could' go ahead and deny time until the appeal was heard.
I missed so many family functions my first twenty years on the job due to pigheaded bosses, there is NO WAY I'll deny someone time now. We may go shorthanded, but we muddle through. My one rule is, no bitching about someone else having time off.
Trust me, on their deathbed, nobody ever says 'God, I wish I'd spent more time at work'.
Unfortunately the good god fearing taxpaying citizens are going to suffer when they are ultimately victimized by the predators. There is virtually no one left to protect them and enforce the laws of the jungle.
SCC: OT POSTING: following the recent tragedy in Oakland....there is an interesting article on a news site
http://www.insidebayarea.com/news/ci_12019917
explaining how the animals over in the bay area are calling that worthless piece of shit a "hero"...
its a tragedy that GOD FORBID happens over here....but with the manpower shortage..the spike in violence..the current state of the economy..and the type of weapons we carry...it seems its in the making...BE SAFE OUT THERE...TAKE CARE OF EACH OTHER AND YOURSELVES..
see you guys on the 2nd
Bottom line is that only a small amount of P o's have FLSA time. And that is all that this lawsuit covers. It doesnt cover regular accrued comp time.
Ha Ha Ha Ha!
Here we come DeLaughrey; With time due slips in our hands!
I know any ruling against the city is a positive. But isn't the damage apparent but not real. Isn't FLSA time a very small portion of the average copper's TD bank? Except court whores and dicks I don't think the average copper is in court or working over enough to trip the FLSA trigger much.
Please enlighten me as I have heard multiple explanations of this.
If you get denied make sure to document the name and supervisor who denied you the time due. Time will come when you will need to join the watch commander to yor federal lawsuit and seek punitive damages against them.
Real Simple.TRU,MSF ,NARCOTICS Units &whoever else depleted the Patrol Division man the beat cars so people can have the time off. No callback or time & a half compensation either, that's their tour be it Bt.511 on the midnites or Bt.2533 on the 3rd watch. These units aren't subject to the bid process,they choose to serve@the behest of Management.
Problem solved.
Officers should all start asking for time due on the same days to create overtime for others.
Nice move Mealer. You dumped the most respected Captain on the north side. T.L. is a cops cop. 024 mids you are getting one hell of a great boss.
As for 3rd watch 017. We are hearing that this new Captain is as much a bible thumping goof as you are Mealer. Get ready for a 3rd watch melt down in 017. In protest of what Mealer has done to T.L. I am calling for ZERO numbers on 3rd watch let alone the entire district.
Mealer you ruined the academy, now 017, quite the impressive resume you have. TX! I really hate coming to work now.
Good thing some of you old timers told me to hang on to those slips that read "denied due to manpower". I had to dig deep in my locker but I found a total of (8) denied slips. Every one of them were denied by Lt. C.E. in 008 on 3rd watch. How much money am I looking at? I might go out tonight and blow it all on strippers.
ANYBODY KNOW WHY COMMANDER MEALER DUMPED CAPT. TOM LIEBERT TO MIDNIGHTS IN 024?
can you explain the above 11 hours in a four week period? thanks, ppo
It's time to start hiring officers back to just man the cars like the CFD does to man their trucks. It needs to be done.
Let the Truth be told...
We all learn over time that the Media never reports a true story. The story is just that a story something interesting something to open public debate. Something for the politico whores to wrestle with. Someone to blame. The Media hits the bulls eye on the target of our consciousness. The real motivation of the Media is to create a myth from a real story twisting it until it begs lies.
Be real. Life is so boring and the truth. Well we really never want to know the truth. Knowing the truth has the potential to damage, hurt egos and publicly embarrass. Knowing the truth about people is ugly.
The Media is the rainbow of story telling painting reality with colorful subjective writing opinionated or blatant deceptions. The Media demands us to look up at the sky and see what they have done, like children.
So truths cannot be fully reported by the Media simply because journalism, as it is taught, will always believe it is representative of the people [fourth branch of American government].
Media hides behind the 1st Amendment so they can distort the 2nd Amendment.
This applies to FLSA time only. If you don't know what that is, you need to find out. It is not your regular comp time. If you have any FLSA on the books, it is the first taken off the books when you drop a slip. It is also paid out at the end of the pay period. I would be interested in seeing how the new schedules affects how it is earned.
D.D.
I guess we can have those 2 on the front now.
Keep in mind FLSA time is only the actual time above the 11 hours. For example if you work overtime for four hours the FLSA time IS NOT 6 but only 4 hours. This applies to actual hours not calculated hrs. The timekeepers have FLSA time and Actual Comp time seperated for this purpose. The same applies to a holiday where the FSLA time is 8 hrs not the calculated 12.
Anonymous said...
I haven't denied a slip before or since the department rescinded the order and said we 'sure could' go ahead and deny time until the appeal was heard.
I missed so many family functions my first twenty years on the job due to pigheaded bosses, there is NO WAY I'll deny someone time now. We may go shorthanded, but we muddle through. My one rule is, no bitching about someone else having time off.
Trust me, on their deathbed, nobody ever says 'God, I wish I'd spent more time at work'.
3/29/2009 12:49:00 AM
If your a boss thank you for having balls unlike the rest of the jagoffs in charge!
The act applies to time earned above and beyond 11 overtime hours in a four-week period
Can some legal eagle explain this?
I think a better way to fill the gaps would be to allow officers to work their RDO at time and a half in the districts, but not to just arbitrarily call people in on their RDO's. I would be pretty pissed, but at time and a half, voluntarily, I would be happy.
thanx for the post scc i hope some of these suck ups read it, a watch commander is not great because they allow you to take your own time that is your right, you don t have to be pressured into making arrest or writing tickets because your scared your wc is going to give you shit fuck them spend time with your family and your love ones the police is always going to be there remeber half these bosses personal life are miserable to say the least and live only for this job. TAKE YOUR TIME AND SPEND IT WITH YOUR LOVED ONES LIFE IS GOOD OUTSIDE THE POLICE. GOD BLESS THE CPD AND THE MISERABLE BOSSES IN IT.
Just so you know about the FSLA rules. It only applies after you work your 144 hours a month. this includes regular and OT combines. And you can't use time-due during that month either. It usually comes in the months you don't get your week-ends. And we don't (dicks & tac included) get all that much anyway. You would be suprised how low the figure actually is. but if you happen to exceed that amount you get "premium" pay.
Exscuse me D.(Side Job)D.
May I have some time on the end?
Actually I AM going to use MY time on the end.
The comment about this affecting a smaller number of officers is true. Go look at your timecard and you'll see 2 columns for tracking comp time: one's for FLSA and the other’s for non-FLSA. It has to be tracked separately. CPD follows the 171 hours rule, meaning that you earn FLSA comp time only when you've worked more than 171 hours in a police period. Until you hit that 171, it's just non-FLSA. However, whenever you use any time, it always comes from the FLSA column first.
This ruling has absolutely nothing to do with non-FLSA comp time, so for many officers, this ruling may not make a difference in whether their time off is approved or not. However, the ruling may force the move to an automated timekeeping system, since the W/C would have to be able to check to see if the person submitting the slip has any FLSA time or not.
The federal law does provide the department the right to disallow use of FLSA comp time if the use would "unduly disrupt" the department's operations, which is what CPD’s policy has been all along. “You can’t have the day off because we need officers on the street.” There have since been a number of court cases that have held that a department having to hire back officers on a daily basis to replace those using comp time (FLSA comp time) is NOT "unduly disrupting" under the standards of the FLSA. Educate yourselves; check out the Illinois FOP Journal for a nice summary of this issue: http://www.fop.org/briefs0.asp
"The act applies to time earned above and beyond 11 overtime hours in a four-week period".
That should apply to "Most" of the department. It does not take a whole lot of effort to earn 11 hours of comp time in a period.
What I want to know is, how far back do they go to figure out how much FLSA time you earned?
Do they even track that?
Does working a holiday and earning 12 hours on that day count?
There are a few times a year that we have two paid holidays in a month. That's 16 hours if you are off and 24 if you worked them both.
Questions, so many questions.
The ruling only applies to use of FLSA time. That is actually a very small portion of anyone's time on the books(except court whores). You have to work more than 171 hours in a pay period. Most POs don't. Otherwise, it just doesn't mean that anyone can take time anytime.
Almost no one has FLSA hours on the books. Regular comp time can be denied and still will by the bosses with little weenies and flat chests. They have nothing going for them in their personal lives so they become bosses with inflated egos and deny time just because they can, and for no other reason. Good luck getting New Years Eve off, unless you have FLSA time. Otherwise I will be there too, cause I work for a small wennie jag!
its about time...all the drama w/c who deny cu just because they feel like it...please!!!i earn my cu, i deserve to take it...thank you for the justice this time:)
Anonymous said...
ANYBODY KNOW WHY COMMANDER MEALER DUMPED CAPT. TOM LIEBERT TO MIDNIGHTS IN 024?
3/29/2009 11:05:00 AM
Why would mealer dump a captain? His only competent captain? Mealer is a class act. The conspiracy nut. I bet he will deny it.
ANYBODY KNOW WHY COMMANDER MEALER DUMPED CAPT. TOM LIEBERT TO MIDNIGHTS IN 024?
Because mealers a goof!
D.D.
I guess we can have those 2 on the front now.
3/29/2009 11:44:00 AM
________________________________
Why ask her for time? Just do as she does; work out, shop and buy those plane tickets on company time.
"Officers should all start asking for time due on the same days to create overtime for others.
3/29/2009 09:35:00 AM"
You sly devil you.
You should run in the next election.
Anonymous said...
ANYBODY KNOW WHY COMMANDER MEALER DUMPED CAPT. TOM LIEBERT TO MIDNIGHTS IN 024?
Because mealers a goof!
3/29/2009 08:46:00 PM
Maybe the same reason ellyn (051) dumped 2 great sergeants! Theyw ere smarter that she ever dreamed she could be! Serenity now!! Will ellyn please retire your bullshit is old!
Anonymous said...
ANYBODY KNOW WHY COMMANDER MEALER DUMPED CAPT. TOM LIEBERT TO MIDNIGHTS IN 024?
Yes because they are going to demote mealer to his service rank and put him on midnights in 024 and Capt. Liebert will be commander of 017
This applies to FLSA time only. If you don't know what that is, you need to find out. It is not your regular comp time. If you have any FLSA on the books, it is the first taken off the books when you drop a slip. It is also paid out at the end of the pay period. I would be interested in seeing how the new schedules affects how it is earned.
3/29/2009 11:38:00 AM
wrong it isn't paid out at the end of the pay period.
i have 300 flsa hours, you can only keep 400 and something fsla hours before you are paid which is mandatory
END THE MADNESS!
PAY US WHATS DUE
GIVE US A CONTRACT
HIRE MORE OFFICERS!!!!!!
Christ! Dont have to be a damn fed to figure this out!
GET YOUR THUMB OUT OF YOUR ASS DALEY OR BLOOD WILL RUN CURB TO CURB THIS SUMMER
Good thing some of you old timers told me to hang on to those slips that read "denied due to manpower". I had to dig deep in my locker but I found a total of (8) denied slips. Every one of them were denied by Lt. C.E. in 008 on 3rd watch. How much money am I looking at? I might go out tonight and blow it all on strippers.
3/29/2009 11:04:00 AM
Hey Lt C.E. looks damn good in that checkerboard thong waxed mustache and all...........
I couldnt resist....Give 'em hell!
4820
Even with it being FLSA time only, it is a step in the right direction! Anytime we beat the city is a plus, whether it affects us directly or not. Thumbs Up!
IT APPEARS THAT MEALER DUMPED CAPT LIEBERT TO 024 SO HE COULD GET HIS BIBLE STUDY PAL OVER TO 017. GREAT, ANOTHER LAP DOG BOSS. LIEBERT DIDN'T EVEN FLINCH WHEN HE HEARD THE NEWS AND TOOK IT LIKE THE TRUE PROFESSIONAL AND GREAT BOSS THAT HE IS. VEGAS SHOWING 50 TO 1 ODDS THAT LIEBERT WOULD POUND THE FUCK OUT OF MEALER IF GIVEN THE CHANCE.
Anonymous Anonymous said...
Anonymous said...
I haven't denied a slip before or since the department rescinded the order and said we 'sure could' go ahead and deny time until the appeal was heard.
I missed so many family functions my first twenty years on the job due to pigheaded bosses, there is NO WAY I'll deny someone time now. We may go shorthanded, but we muddle through. My one rule is, no bitching about someone else having time off.
Trust me, on their deathbed, nobody ever says 'God, I wish I'd spent more time at work'.
3/29/2009 12:49:00 AM
WOW! What district are you and what watch so I can bid over...
FLSA LAWSUIT 03/25/09
Back in 2004, the Lodge brought a lawsuit against the City alleging that the compensatory time system used by the Police Department violated the Fair Labor Standards Act. The lawsuit named for Officer Hans Heitmann was joined by a number of other Chicago Police Officers. Supervisors soon joined us in a companion action. All plaintiffs won a summary judgment in their favor and the trial judge entered an injunction. The City appealed and the injunction was stayed pending the appeal. On March 25, 2009, the 7th Circuit Court of Appeals rejected the City's position. However, it did vacate the trial court's injunction because, under the FLSA, only the Secretary of Labor can seek an injunction.
So, what now? The 7th Circuit remanded the case back to the trial judge for entry of non-injunctive relief. Our win remains intact, but without the injunction. The Lodge believes that the City's next move is to attempt an appeal to the United States Supreme Court. Look to the website and the newsletter for updates now that the appeal has concluded and the case is active again.
There's one sgt on this job that knows how to use FLSA like a pro. He's accumulated over 13000 hrs of comp time on the books and hasnt taken time due since 1987. He's received cash payouts for his FLSA overage and when he retires he'll be receiving a six figure payout.
In the end you have to ask yourself is it worth it? Denying yourself time off in the pursuit of money.
TO: i have 300 flsa hours, you can only keep 400 and something fsla hours before you are paid which is mandatory
I seriously doubt that you have that much FLSA time....Might want to double check with your time keeper....
I work on a watch where time is only denied if it comes from the Area Chief or downtown to limit it and even then the W/C does his best to get it approved for us. Occasionlly it just can't be done. New Years Eve being an example. You just can't have everyone on the watch taking time due. Someone has to be there. Would be nice if we could be closed holidays and weekends but we are the police. It tooks years to get to a place in seniority where I could be guaranteed use of a personal day. Would be nice if these new guys would quit whining and realize the type of job they signed up for.
OT: But have to agree, what the hell is up with 017? Sounds like Cmdr Mealer is a lot more insecure than ever thought...Now Capt T.L. but before he had Lt S.R. transferred to 013 and Lt W.W to midnights....Sounds like anybody that has "individual ideas" or "independent thought" as a threat....CONSPIRACY NUT!!
Anonymous said...
There's one sgt on this job that knows how to use FLSA like a pro. He's accumulated over 13000 hrs of comp time on the books and hasnt taken time due since 1987. He's received cash payouts for his FLSA overage and when he retires he'll be receiving a six figure payout.
-------
If he never uses time, then he doesn't need the lawsuit.
that bastard Capt. Dr******* (last name sounds like an exotic skin condition) from 020 loves to deny time due. Thinks its his sacred right as a Captain. That's why anyone who can is fleeing that horrible district. Commander Moy addressed roll calls the other day like she was trying to give a shit what people had to say. When people spoke she got visibly nervous and tense and gave the stock response that the skin condition captain can do what he wants. She has no leadership skills and it is becoming very obvious. Wish Commander B were still in charge.
TO: There's one sgt on this job that knows how to use FLSA like a pro. He's accumulated over 13000 hrs of comp time on the books and hasnt taken time due since 1987. He's received cash payouts for his FLSA overage and when he retires he'll be receiving a six figure payout.
Granted he would sell his mother for a yellow slip....but doubt highly his 13k on the books is all FLSA time...
"017 is full of people that need to be dumped to 024 midnights......"
"Commander Mealer makes command decisions that are re-shaping this unprofessional department from the likes of the surly 017th District personnel."
Overheard at the 5th floor lunchroom @ 35th st!
watch out 017!
TO: i have 300 flsa hours, you can only keep 400 and something fsla hours before you are paid which is mandatory
I seriously doubt that you have that much FLSA time....Might want to double check with your time keeper....
3/30/2009 12:02:00 PM
i did january first.
with 3600 hours on the books and 300 of that flsa
You just can't have everyone on the watch taking time due.
--Call in people on their days off and pay them so I can have off. Been playing this New Years Eve game forever and nothing big ever happens to warrant that much manpower.
Good, now all you guys and gals that work 3rd watch in 020, can stick it to that useless piece of shit Captain!
Anonymous said...
There's one sgt on this job that knows how to use FLSA like a pro. He's accumulated over 13000 hrs of comp time on the books and hasnt taken time due since 1987. He's received cash payouts for his FLSA overage and when he retires he'll be receiving a six figure payout.
In the end you have to ask yourself is it worth it? Denying yourself time off in the pursuit of money.
3/30/2009 11:59:00
*********************************
Close to half a million bucks!!!
TO: i did january first.
with 3600 hours on the books and 300 of that flsa
If that's the case, WOW...Congrats, I didn't believe it possible they way I understood it, I stand corrected..
Anonymous said...
Anonymous said...
There's one sgt on this job that knows how to use FLSA like a pro. He's accumulated over 13000 hrs of comp time on the books and hasnt taken time due since 1987. He's received cash payouts for his FLSA overage and when he retires he'll be receiving a six figure payout.
In the end you have to ask yourself is it worth it? Denying yourself time off in the pursuit of money.
3/30/2009 11:59:00
----------
See how much of it will be taken in taxes at cash-out time.
I wonder if the payments will eventually be made by cutting something else like OT.
Post a Comment
<< Home