Legal Question in Employment Law in Maryland

Overtime Pay Issue

1) I'm a Law Enforcement Officer (Investigator)

2) We are assigned ''On-Call'' duties 1 week out of every month.

3) We are not compensated for the “On-Call” time when no calls are received…no problem.

4) When we are called, and spend our “Off Duty” time answering questions, talking to victims, etc. and learn that we are not needed or close case by-phone, we are told we will not be compensated for these actions. Some of these calls go to 1-2 hours in length.

Below is what we have been given to sign:

This is to clarify that when On-Call and an allied agency (CPS, Hospital, Police) contacts you for advice or recommendations etc. regarding a possible case and it is determined that a response is not needed, no over time will be awarded for these phone call(s). Only in circumstances where a response was needed and a report written by the On-Call investigator will OT be awarded.

Is this act legal and if not, can someone point to the law code?

Asked on 6/15/07, 11:17 am

1 Answer from Attorneys

Adele Abrams Law Office of Adele L. Abrams PC

Re: Overtime Pay Issue

It appears that your employer may be violating the Fair labor Standards Act but we would need to determine if you work more than 40 hours in a week (including the "on-call" time actually worked) and whether you are exempt for some reason. Is there a collective bargaining agreement in place, for example? If more than one worker is affected, this could be a collective action. We regularly handle these in US District Court in MD. Please contact us for more information. See our website at Thank you!

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Answered on 6/16/07, 11:57 pm

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