In 2004 , nearly two-thousand Chicago Police officers joined together in a Federal lawsuit against the City of Chicago regarding the use of compensatory time. The officers want to be able to use their compensatory time on dates of their choosing. Lawyers from the Fraternal Order of Police, Lodge # 7, handled the case and alleged that the City was consistently violating the Fair Labor Standards Act (FLSA) whenever requests to use compensatory time were denied. The City typically uses “manpower” as an excuse for refusing to grant compensatory time off. This is all going to change.
Yesterday, the plaintiffs obtained a judgment in their favor and against the City. The City will no longer be able to use the “manpower” excuse for denying compensatory time requests. Rather, the City will be made to follow FLSA requirements and prove that granting a compensatory time off request would result in an “undue disruption” of service. In the future, a system will have to be constructed wherein officers can replace each other when compensatory time is used. Additionally, the Federal Judge ruled that the City’s policy of refusing to pay overtime to a replacement worker is flatly contrary to Department of Labor standards and cannot cause an “undue disruption.”
The Federal Court got it right when it stated that the FLSA does not authorize the City balancing its budgetary and public safety concerns on the backs of police personnel. The Judge has directed our lawyers to meet with the City’s lawyers before the end of the month in order to discuss changes that the City must make in order to bring it into compliance with the FLSA. The Lodge’s intent in this case was to provide its members with the right to use their compensatory time when they desire to use it. Yesterday’s decision should not only allow members to do this, it should result in additional overtime opportunities as well. We will keep you posted with all future developments.
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3 comments:
IN THE MEANTIME, the sergeant (T.L.) that allowed the PBPA to put HIS name on this FLSA Comp-time lawsuit was just FUC%ED OVER by the city and was just recently dumped to midnights in the 015th District.
The city is relentless in screwing over coppers that will stand up for what is right. THE BASTARDS SHOULD be held in contempt of court for continuing to harass and fuc% over workers seeking justice.
The city continues to violate the contract AND the law and just dogs it out in the slow moving arbitration process.
In the process, the taxpayers get screwed for all the money (hundreds of thousands if not MILLIONS) that are wasted because of their incompetence.
We'll see how much this finding really benefits the rank & file.
We all know the city isn't going to make up the shortfall at time and a half. True, a lot more officers will have an opportunity to burn their CU, but I believe in the end it will make our job just more difficult for those of us who will be out there, attempting to hold the line. Time and half pay only goes so far, and we've all seen how they've cut out the airport already.
can you post a copy of the judge's decision?
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