fair labor, family medical leave, residency, drug testing, electronic monitoring, digital imagery,...

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

Monitoring, Digital Imagery, and Social Networking

Chapter 14

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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.

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• 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

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• 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

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• 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

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

• Identify the need for a social networking policy.

Objectives

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Fair Labor Standards Act (FLSA)

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

• Applicable to state and local employers since 1986

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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

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Maximum Hours

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

hours worked over 40 per week

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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

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

requirements– No requirement that they receive overtime

Maximum Hours—Exemptions

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• 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—Exemptions

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Maximum Hours—Calculation

• Waiting time

• Sleep time

• Meal time

• Break time

• Training time

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• 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

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Additional FLSA Issues

• Substitutions

• Medical attention

• FLSA and workers’ compensation

• Comp time

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Family Medical Leave Act (FMLA)

• Passed by Congress in 1993

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

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• 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)

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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

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Drug Testing

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

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• 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

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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

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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

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

• Networking– Facebook– Social networking policy

Digital Imagery and Social Networking

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Summary

• Fair Labor Standards Act

• Family Medical Leave Act

• Residency

• Drug testing