In a ruling that could cost the City of New York tens of millions of dollars in overtime pay, the U.S. Court of Appeals for the Second Circuit has found that Police Department sergeants are not primarily managers exempt from the overtime requirement of the Fair Labor Standards Act.
The circuit held that a U.S. Department of Labor interpretation of overtime regulations under the act was entitled to deference as it said police sergeants do not qualify for the “bona fide executive” exemption from overtime under the act, 29 U.S.C. 201. It also credited the Labor Department’s opinion that the sergeants cannot be considered “managers” while supervising officers at crime scenes and other “work in the field.”
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