Police sergeant nearing settlement of overtime lawsuit

A former South Miami police sergeant could be close to settling an employee time lawsuit with the department. According to the Miami Herald, the attorney representing the city in this case has recommended a settlement in the amount of $17,500 as a compensation package.

The suit revolves around unpaid overtime for work-related duties that took place before the start of the sergeant's shift. This plaintiff states that he spent approximately 30 minutes doing activities before and after his shift, such as cleaning his service weapon, putting on his uniform, taking it off and also keeping it clean along with his patrol car. However, the attorney for the city argued that these activities do not warrant compensation under the Fair Labor Standards Act.

The FLSA states that as long as an employee is not exempt from receiving overtime payments, any hours worked above 40 in a standard workweek must be paid time-and-one-half. The settlement amount calls for the city to pay $9,250 directly to the plaintiff and $8,250 as compensation for his attorney's fees. The South Miami City Commission is expected to vote on approval on May 5.


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