There’s been some discussion at ASUPD recently about the Fair Labor Standards Act (FLSA) and how it is applicable to law enforcement. We were doing some fact finding regarding a statement that mandatory firearms training is not considerable compensable time (ASUPD officers should be “grateful” they’re paid for training!), when we stumbled across some interesting info about compensatory time.
Compensatory—or comp time, as it is commonly referred to—is a way for a police department to pay its non-exempt employees for hours worked over 40 in a work week. For the purpose of this discussion, the FLSA considers “exempt” employees that make a minimum salary per year, among other requirements.[i],
Therefore, all of ASUPD’s line level officers and first tier supervisors would be considered “non-exempt”. According to the FLSA, under certain prescribed conditions, a State or local government agency may give compensatory time [to non-exempt employees], at a rate of not less than one and one-half hours for each overtime hour worked, in lieu of cash overtime compensation. Employees engaged in police and fire protection work may accrue up to 480 hours of compensatory time. An employee must be permitted to use compensatory time on the date requested unless doing so would “unduly disrupt” the operations of the agency[ii].
Last we checked, on a work week longer than 40 hours, ASUPD wasn’t paying out comp time at a rate of time and ½, and beyond that, we definitely didn’t have the ability to use it. The department itself is causing “the emergency that disrupts operations” by continuously allowing critical staffing shortages, so does that mean it is an acceptable reason to deny the usage of comp time? ASUPD command likes to utilize comp time like a carrot on the end of a stick; it looks appealing in theory, but in practice, it is elusive and creates low morale.