Your question raises a number of complex issues and by no means are the answers simple. Online training classes run from three weeks to six weeks in length, depending on the topic. Tactical dispatchers are specially trained to handle highrisk, lowfrequency incidents. Dispatchers are not asking to be treated as a police. From public employers guide to flsa employee classification, thompson publishing group. Information on presenters of the postcertified public safety dispatchers basic course can be found in posts catalog of certified. Department of labor dol announced a final rule modifying the weekly salary and annual compensation threshold levels for white collar exemptions to fair labor standards act flsa overtime requirements. The fair labor standards act of 1938 flsa is the federal law that regulates the wages and hours worked by employees engaged in interstate commerce. Public safety employees7k exemption the flsa contains a provision that allows the establishment of longer work periods of not less than seven days nor more than 28 days for public safety employees of state and local governments. A public safety 911 operator on special assignment serves as a trainer for the 911 operator training program.
Ohio judge finds dispatchers to be exempt administrative. Fair labor standards act for police and fire employees. Fire protection personnel include firefighters, paramedics, emergency medical. Possession of a peace officers standards and training post public safety dispatcher certificate. Dispatchers must complete 20 hours of training each 2 year unit as required by the texas commission on law enforcement. Dispatchers and 911 public safety telecommunicators typically work 247 using a wide range of shift configurations, from 8hour, 10hour, 12hour, fixed and rotating days and night shift, to 24hour shift. The purpose of this position is to coordinate activities related.
Learn about special issues in applying the fair labor standards act flsa to police and fire employees such as the option to define an extended workweek, application to small departments, different ceilings on accrual of compensatory time, and rules for volunteer versus paid oncall fighters. Can you shed some light on the rules for 40hour staff firefighters. However, the presumption can be overcome when the four requirements discussed above are met. Na class specification public safety dispatch trainer summary statement.
Pursuant to public employment relations board certification ssr7, the state recognizes cslea as the exclusive negotiating agent for all employees in the protective services and public safety unit 7. Civilian police department employees such as public safety dispatchers do not qualify for the fair labor standards act s flsa partial overtime exemption for police and firefighters set forth in 29 u. The flsa requires that all covered nonexempt employees be paid overtime pay at no less than time and onehalf their regular rates of pay for all hours worked in excess of 40 in a workweek. Should dispatchers be officially classified as first responders. Our online dispatcher training classes provide training for 911 operators, police dispatchers, and other public safety telecommunicators that need or want the convenience of online training. Sep 06, 2019 public safety dispatcher certificates are awarded, as defined in commission regulation 1011, to currently employed fulltime dispatcher employees of an agency that participates in the post public safety dispatcher program. Understanding how the federal labor law impacts police departments is critical for. Core competencies and minimum training standards for public. Use the title, public safety telecommunicators instead of dispatchers.
Dispatcher training schedule the public safety group. Online dispatcher training the public safety group. Job title public safety dispatch trainer flsa status non. These folks are assigned to logistics, training, inspections, etc. If they work all their assigned shifts, the dispatchers are paid 80 hours of straight time and four hours of. Be able to successfully pass 12 week communications training program. The fair labor standards act flsa provides a partial overtime exemption for fire protection and law enforcement personnel employed by public agencies on a. Finally, the department of labor opined on september 28, 2006, in dol opinion letterr flsa200636, that it is our opinion that the public safety dispatchers are entitled to overtime for all hours worked in excess of 40 in a workweek. Providing the vital link between citizens in trouble, emergency responders in the field, and other public safety agencies, ours is the first voice heard by a citizen calling for help.
Fair labor standards act when meeting and training time is. Positions at this level are not expected to function with the same amount of program knowledge or skill level as positions allocated to the public safety dispatcher ii level and. Page 17 of 23 discussing fair labor standards act flsa. As can be seen, there is essentially a presumption that time spent by employees attending meetings, seminars, lectures, and training related to work should be counted as hours worked for purposes of minimum wage and overtime under the flsa. The public safety dispatcher certificate is awarded to employees who have satisfactorily completed the public safety. We have several firefighters and fire officers that work a 40hour week. May 08, 2020 public safety dispatchers basic course. Section b 20 of the flsa provides an overtime exemption to law enforcement or fire protection employees of a public agency that employs less than five. Section 3s1c of the flsa covers all public agency employees of a state, a political subdivision of a state, or an interstate government agency. Scheduled dispatcher training classes and seminars for 911 operators and law enforcement dispatchers.
The public safety dispatchers basic course is the entrylevel training requirement for dispatchers employed by agencies participating in posts public safety dispatcher program, as specified in commission regulation 1018. This partial exemption from the overtime provisions of the flsa is often referred to as the 7k exemption. Public safety dispatcher certificate supervisor certificate. A public safety 911 operator works rotating shifts that include nights, weekends, and holidays.
We are scheduled to work five 8hour shifts per week. Positions at this level are not expected to function with the same amount of program knowledge or skill level as positions allocated to. Mtas was asked whether e911 dispatchers qualify for the 207k exemption for. Mar 24, 2014 ohio judge finds dispatchers to be exempt administrative employees by noel p. Information on presenters of the postcertified public safety dispatchers basic course can be found in posts catalog of. Public safety dispatcher certificates are awarded, as defined in commission regulation 1011, to currently employed fulltime dispatcher employees of an agency that participates in the post public safety dispatcher program. Postsecondary schooling may facilitate advancement. Under direction, leads, trains, oversees, and participates in the work 911 system emergency and nonof. The fair labor standards act has two exceptions from its overtime pay rules for nonexempt employees who work different numbers of hours from week to week. Primarily because of the potential impact it has on a managers or a supervisors responsibilities and budget. Similarly, law enforcement employees must work for a law enforcement agency, must have the power to arrest, and must be trained in law. The purpose of this position is to coordinate activities related to training, continuing education, and. The dispatchers work an average of 42 hours per week.
Ive seen trainers who were the epitome of patience. We are required to be in the dispatch center and ready to work by the start of our assigned shift. The final rule will become effective on january 1, 2020. The general rule is that employees do not have to be compensated for training time if. Training new 911 operatordispatchers takes a special person. Ohio judge finds dispatchers to be exempt administrative employees by noel p. Chapter 1 management issues raised by flsa why learn about the fair labor standards act flsa and its provisions. We recognize that many localities and agencies have developed a comprehensive training program. Under the flsa, all time that is worked is considered to. We employ civilian public safety dispatchers who handle dispatching for both the police and fire departments. Under section 7a, a nonexempt employee must receive overtime compensation for all hours worked in excess of 40 in the workweek at a rate of not less than.
Employees who are employed as dispatchers who provide emergency communications to police officers, firefighters, public safety personnel and who direct equipment to fire, crime and accident scenes, generally must be paid overtime when they work over 40 hours in work week. The university of north texas, for example, lists a bachelors degree in a related field among the preferred qualifications for. Job title public safety dispatch trainer flsa status nonexempt band par probationary period 12 months zone 5 job code 12768 1 revised. He was also a regional training coordinator for the oregon dept. A federal judge has ruled that a dispatcher, who was suing as the named plaintiff in a flsa collective action seeking overtime, was not able to prove that he was similarly situated to other employees and this the judge refused to grant even the conditional certification necessary to keep the case going. Subpart cfire protection and law enforcement employees of public agencies. Scheduled work hours, actual work hours, public safety. Under the flsa, time employees spend on jobrelated training activities is generally compensable. If they work all their assigned shifts, the dispatchers are paid 80 hours of straight time and four hours of overtime every two weeks.
They often participate in the development of operational procedures and protocols related to dispatch functions. Look here for a post i wrote about the fluctuating workweek method, which can. Core competencies and minimum training standards for. Be able to satisfactorily complete other required department of public safety training and coursework within six months of employment. Tripp on march 24, 2014 cases upholding the exempt status of dispatchers pursuant to the administrative exemption of the flsa generally have focused on whether the position requires the performance of decisionmaking duties and analysis beyond mere communication. Provides lead direction and training to new public safety dispatchers. We have many onsite seminars and online dispatcher training topics scheduled and we update the schedule frequnetly. Public safety telecommunicators better encompasses both 911 call taking and emergency dispatch, and aligns with the congressional resolution that established national public safety telecommunicators week. It serves the needs of public safety communications practitioners worldwide and the welfare of the general public as a whole by.
Call us at 919 5690426 for questions and reservations. Their work periods vary from seven to 28 days, depending on the work period. Public safety dispatcher i this is the entry level class in the public safety dispatcher series, which is typically used as a training class. Shift scheduling software for ems, 911, and dispatch services. Department of labor dol ruled in an opinion letter recently made available. Section 3s1c of the flsa covers all public agency employees of a state. The public safety dispatchers basic course is the entrylevel training requirement for dispatcher s employed by agencies participating in posts public safety dispatcher program, as specified in commission regulation 1018. A minimum of one year of experience as a public safety 911 operator with the city of mesa, including successful completion of the current public safety 911 operator training program and probationary period or successful completion of the current fire dispatcher trainee program and satisfactory performance. Dispatchers employees who are employed as dispatchers who provide emergency communications to police officers, firefighters, public safety personnel and who direct equipment to fire, crime and accident scenes, generally must be paid overtime when they work over 40 hours in work week. Overtime rules for police and law enforcement employees. The flsa overtime requirements for public safety employees are different from those of other employees, because a specified number of work hours is needed within the flsa work period before the flsa rate can be applied to overtime pay.
Overtime pay entitlement for public safety employees under. Standardized training and potential federal grant funds for upgrade is only available with the new classification as safety personnel. Initially, the flsa applied only to private employers. Jan 15, 2001 from public employers guide to flsa employee classification, thompson publishing group. Now hiring 911 dispatchers for 50 years, the public safety telecommunications division of the richardson police department has been answering a higher calling. The flsas overtime pay provisions for law enforcement and.
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