On November 1, 2016, an audit at a county in Washington uncovered an accounting software error had caused Benton County Sheriff’s Office employees, including 85 corrections officers, to be overpaid from June 2016 through September 2016. Benton County Auditor Brenda Chilton sent Sheriff Steven Keane a memo that notified him of the error. The memo…
In the late 1990’s, Nassau County, New York was in the throes of a fiscal emergency. To rescue the county, the New York Legislature passed the Nassau County Interim Finance Authority Act. The Act provided the County with $100 million in direct funding and created NIFA, a “corporate governmental agency and instrumentality of the state…
The City of Plattsburgh, New York and Local 2421 of the IAFF have been in long, delayed, and contentious negotiations for years. In 2016, the parties participated in an interest arbitration hearing that resulted in an arbitration award covering the 2012–2013 contract period. The arbitration panel issued an opinion and award – with one member…
On November 1, 2016, the auditor’s office for Benton County, Washington discovered that the County had overpaid employees in the Sheriff’s Department. The County notified the employees of the overpayments and began a process laid out in Washington’s statutes for recovering the overpayments. The County did not notify the Teamsters Union, which represents some Sheriff’s…
The Memorandum of Understanding between the County of Monterey, California and the Monterey County Deputy Sheriffs Association includes a longevity performance stipend that employees who achieved 20 years of service and a satisfactory or outstanding performance evaluation could receive an additional stipend of up to eight percent. CalPERS provides pension fund retirement services for employees…
Local S-20 of the International Association of Fire Fighters (IAFF) represents firefighters working for the State of Florida. During bargaining for 2015-2016, Local S-20 sought a $1500 per member raise. Upon reaching impasse, the parties submitted their positions to the Joint Select Committee on Collective Bargaining as required by the statute for resolving impasses. After…
When members of the North Carolina Highway Patrol were hired, their wages were covered by a state statute. Among other things, the statute provided that troopers “shall be granted a salary increase in an amount corresponding to the increments between steps within the salary range.” The pay schedule in the statute also provided that during…
A question about step increases arises with some frequency. Need an employer continue to pay step increases after a contract has expired but before a new contract is negotiated? A recent decision of an appeals court in New Jersey illustrates how issues such as this fall under what is known as the “status quo” doctrine.…
The 2016 fiscal year began in Illinois on July 1, 2015. The Governor vetoed a budget passed by the Legislature, and the fiscal year began with no State budget in effect. As a result, there was no appropriation in place to authorize the payment of salaries to most State employees. However, State employees were directed…
An occasional misconception is that there is a principle in the law that there must be “equal pay for equal work.” In fact, with essentially one exception, federal law does not require “equal pay for equal work,” and employers are free to pay identically situated employees different rates. The one exception is that the reason…
In 2010, Local 776 of the Teamsters Union was elected to represent police officers working for the Borough of Gettysburg, Pennsylvania, replacing the Gettysburg Police Officers Association. Local 776 began bargaining with the Borough, and proposed wage increases for 2011, 2012, and 2013. When no agreement was reached, an arbitrator awarded 4% wage increases for…
David Lade is a deputy sheriff for Nevada County, California. Since 2004, Lade was assigned to a night shift, and received a 5.0% shift differential. The differential was paid regardless of whether he worked, took vacation, used sick leave, or received holiday pay. In August 2011, Lade suffered an on-the-job injury, and was off work…
For over 50 years, the Supreme Court has held that the donning and doffing of equipment and work clothing before and after a work shift is compensable work under the Fair Labor Standards Act (FLSA). Section 203(o) of the FLSA provides an exception to that general rule, and provides that work does not include “any…
The Albuquerque Police Officers’ Association and the City of Albuquerque were parties to a collective bargaining agreement running from July 1, 2008 through June 30, 2011. The contract contained a provision that provided compensation increases for the second and third fiscal years. The City implemented the two salary increases contemplated by the Contract during the…
Judicial responsibility or a court not understanding what “binding” arbitration means? The characterization of a recent opinion from an appeals court in New Jersey may depend largely on one’s perspective. The case involved a pay raise ordered by an arbitrator for the firefighters in Camden, New Jersey. There’s no question Camden’s financial situation is as…
A group of police officers sued the City of Richmond, Virginia Police Department, alleging violations of both the Fair Labor Standards Act (FLSA) and Virginia’s state wage and hour law. Police officers employed by the City are generally scheduled to work 80 hours within any given 14-day work period. The City’s policy has been to…
Matthew Lackey is an officer for the City and County of Denver Police Department. On Sunday, May 29, 2011, Lackey began his regularly scheduled shift at 4 p.m. and concluded that shift at 2 a.m. the following morning on Monday, May 30, 2011. In that year, May 30 was Memorial Day, a recognized holiday pursuant…
A Louisiana statute sets forth the minimum salaries to be paid to each rank of firefighters. The higher ranking firefighters’ salaries are calculated as a specified percentage above the minimum monthly salary of an entry level “fireman,” the lowest designated firefighter. An engineer receives a minimum monthly salary of not less than 10% above that…
All firefighters employed by the Town of Andover, Massachusetts, except the Fire Chief, are represented by the Andover Fire Fighters, Local 1658, for purposes of collective bargaining. Ordinarily, the wage steps for a firefighter entering service with the town are P, A, B, and C, with newly-hired firefighters beginning employment at the P pay step…
As put by the Tennessee Court of Appeals, “there is little rhyme or reason to the pay scale of the individuals holding the rank of sergeant in the Hamilton County Sheriff’s Office. Don Gorman, director of administration for the Sheriff, admitted that there ‘absolutely’ is a pay disparity among the class of sergeants. All corporals…
When a collective bargaining agreement expires, the usual rule is that an employer is obligated to maintain the status quo with respect to wages, hours, and other mandatorily negotiable working conditions. A fairly extensive body of case law has established that step increases are considered to be a “wage” that must be maintained after the…
