Cop Takes Aim at City for Expecting Him to Donate His Time

When is a work shift a work shift, and when is it charity?

That’s the issue in Florida, where a former police sergeant sued the City of South Miami last year for unpaid overtime wages. Last week, the city’s lawyer recommended that it settle the case for $17,500, split between the cop and his attorney.

Michael Weissberg said in his complaint that he was “required to work approximately 30 minutes off-the-clock … for activities he performed at the City of South Miami Police Department prior to Roll Call.” The activities, he said, included putting on and taking off his uniform, maintaining his weapon, maintaining his police car and cleaning and maintaining his work uniform.

Weissberg’s attorney, Brian Pollock, said, “We look at it as a positive result. I think it sets a precedent, because the city is paying for the previous work that Mr. Weissberg did at the station before and after he clocked in. I think it sets a precedent for the other patrol sergeants who did the same thing and weren’t paid for the time. I think it opens the door for each of those patrol sergeants to come forward.”

The city denied that Weissberg’s activities are compensable under the federal Fair Labor Standards Act, and that the time he spent cleaning his uniform and maintaining his take-home vehicle is barred by the collective bargaining agreement.

Read the whole story on the Miami Herald.

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