Fair Labor, Family Medical Leave, Residency, Drug Testing, Electronic Monitoring, Digital Imagery, and Social Networking Chapter 14

Fair Labor, Family Medical Leave, Residency, Drug Testing, Electronic

Monitoring, Digital Imagery, and Social Networking

Chapter 14

Copyright © 2007 Thomson Delmar Learning

Objectives

• Identify maximum hour limits of the Fair Labor Standards Act (FLSA) and when overtime compensation is required.

• Define compensatory time and explain guidelines for FLSA comp time.


• Explain firefighter exemption, emergency medical (ambulance) exception, and executive exemption, including the effect of recent changes in laws.

• Identify what hours are compensable under FLSA.

Objectives


• Explain how volunteers are treated under FLSA. • Explain the Family Medical Leave Act (FMLA )

and what benefits it provides.• Explain the constitutionality of residency

requirements.

Objectives


• Explain when firefighters can be asked to submit to drug testing.

• Explain the role that computer and electronic communications policies play in complying with the ECPA.

Objectives


• Define spoliation and explain how it impacts taking photos by on-duty personnel.

• Identify the need for a social networking policy.

Objectives


Fair Labor Standards Act (FLSA)

• Addresses wage and hour issues– Maximum hours– Minimum wage– Overtime calculations

• Applicable to state and local employers since 1986


Volunteers

• FLSA prohibits employees from volunteering same type of work to their employer– Career FF cannot volunteer as a firefighter, but can

volunteer to coach youth baseball team organized by employer


Maximum Hours

• General rule– Overtime required after 40 hours– One and one-half normal hourly wage for all

hours worked over 40 per week


Maximum Hours—Exemptions

• Firefighters 7(k) Exemption– Firefighters can work 53 hours per week before

overtime is required– May calculate on sliding scale

• 212 hours in 28-day period

• Must be a public agency


• Executive, administrative, and professional exemption– Qualifying personnel are exempt from maximum hours

requirements– No requirement that they receive overtime



• Executive, administrative, and professional exemption– August 2004, new regulations went into effect– 29 CFR Sec.541.3 (b)(1)– Line fire personnel are hourly employees



Maximum Hours—Calculation

• Waiting time

• Sleep time

• Meal time

• Break time

• Training time


• Travel time

• On-call time– Limitations governing on-duty time has resulted in

on-call time– Restrictions governing on-call time

• Employee must be compensated for on-call time because it restricts time for own personal pursuits

Maximum Hours—Calculation


Additional FLSA Issues

• Substitutions

• Medical attention

• FLSA and workers’ compensation

• Comp time


Family Medical Leave Act (FMLA)

• Passed by Congress in 1993

• Allows unpaid leave to eligible employees of 12 weeks per year


• Criteria– Birth and care of newborn child of employee– Adoption or foster care– Care for family member (spouse, child, or parent)

with serious medical condition – Serious health condition of employee

Family Medical Leave Act (FMLA)


Residency Requirements

• Residency requirements have been challenged on a variety of grounds

• Generally, residency requirements are upheld as rationally related to a legitimate governmental interest– Rational basis standard of review


Drug Testing

• Drug testing of public employees is constitutionally permissible without a warrant or probable cause– Must be reasonable


• Considerations– Privacy interests– Extent to which the search intrudes on the

employee's privacy– Importance of governmental interest along with

ability of procedure used to address that concern

Drug Testing


Electronic Monitorings

• Electronic Communications Privacy Act (ECPA) of 1986

• Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act) of 2001


Digital Imagery and Social Networking

• Digital imagery– Embarrassing or violates privacy and/or

confidentiality– Photographs and videos as evidence

• Spoilation– Destruction or loss of evidence


• Digital imagery policy– Proper handling of all images– Procedure for personnel to obtain images

• Networking– Facebook– Social networking policy

Digital Imagery and Social Networking


Summary

• Fair Labor Standards Act

• Family Medical Leave Act

• Residency

• Drug testing

Documents

Fair Labor, Family Medical Leave, Residency, Drug Testing, Electronic Monitoring, Digital Imagery, and Social Networking Chapter 14