On-Call Status And Line Of Duty Deaths

Dale Newman was the Police Chief for the City of Leadwood, Missouri. In that capacity, Newman “was always subject to call.” Newman also held a second job as a warehouse worker with UPS in Crystal City, Missouri, where he loaded package delivery trucks. On August 27, 2014, Newman was loading delivery trucks at the UPS facility when he suffered a fatal heart attack. The medical ex­aminer concluded the cause…

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Deputy’s On-Call Time Not Compensable Under FLSA

Joseph Caiazza was a deputy sheriff with the Lee County, Florida Sheriff’s Department. Before his retirement, Caiazza worked on Captiva and Sanibel Islands (the “Islands”). The Islands had only one other patrol officer, along with a supervisor who had mostly administrative duties. Every 14 days, the Sheriff scheduled Caiazza for seven 12-hour shifts of active patrol, each followed by a 12-hour on-call period. One day every week, Caiazza was…

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On-Call Cases Continue To Prove Difficult To Establish

A group of West Yellowstone, Montana police officers sued the City under the Fair Labor Standards Act (FLSA), claiming that the time they spent on call should be compensated at the overtime rate. West Yellowstone is a small community that serves as the western entrance to Yellowstone National Park. West Yellowstone receives thousands, if not millions, of visitors during the summer months due to its proximity to Yellowstone. During…

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