VBT pays $54,945 in back wages to 48 police officers, fire fighters

After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Charter Township of Van Buren has paid $54,945 in back wages to 48 current and former employees for violations of the overtime requirements of the Fair Labor Standards Act (FLSA).
In a Jan. 28 news release it was announced WHD investigators determined that Van Buren Township violated overtime provisions of the FLSA by failing to pay employees the required overtime specifically for time they spent working before their shifts officially began.
In addition, the employer paid some firefighters at straight-time rates for overtime hours worked and paid some police officers straight time for hours they spent in training, even when employees worked those hours in overtime workweeks.
“Employers must pay their employees all the wages they have legally earned, and must understand the laws that apply to specific employment situations, such as, in this case, those that govern pay for public safety employees,” said Wage and Hour Division District Director Timolin Mitchell, in Detroit.
“The outcome of this investigation should remind other employers to review their pay practices to ensure they comply with the law. Employers are encouraged to contact the Wage and Hour Division to better understand their responsibilities so that they can avoid violations.”
The FLSA provides that fire protection or law enforcement employees may be paid overtime on a “work period” basis, with a work period ranging from seven to 28 consecutive days. WHD’s Fact Sheet about law enforcement and fire protection employees provides more information.
The department offers numerous resources to ensure employers have the tools they need to understand their responsibilities and to comply with federal law, such as online videos, confidential calls, or in-person visits to local WHD offices, the news release said.
The Independent filed a Freedom of Information Act request with the U.S. Department of Labor on May 20 and, after many months, was denied any information because “it could be expected to interfere with enforcement proceedings.” In a letter dated Aug. 27 and received Dec. 18 from the Labor Department, the Independent was informed documents withheld total 721 pages.
The Independent also filed a FOIA request with Van Buren Township and Clerk Leon Wright assured the newspaper he would explain it all when the whole case was over.
On Monday, Clerk Wright said the township had a whistleblower and the feds came in and investigated.
“We fulfilled the requirement by the feds,” Clerk Wright said. “They told us what to do and we did it.”
He said nobody knew you had to have the police and fire fighers punch in and out.
“They did an investigation and we put the system in place,” Wright said. He said employees are not allowed to punch in before a certain time for work. If they punch in more than eight minutes before their shift and more than eight minutes after their shift, they have to be paid overtime.
When asked about Kristy Bovitz, former water department employee who reportedly received more than $7,000 in back pay, Wright said she used to punch in at 6 a.m. and then wait around until her shift started hours later.
“We had no choice,” Wright said, noting the feds gave the township a time limit to correct this problem and then they will come back and check.
He said other municipalities are not doing it the way the feds want it, including Canton Township, the neighbor to the north.
For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at https://www.dol.gov/agencies/whd.
WHD’s mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce, the news release stated.
WHD enforces federal minimum wage, overtime pay, record keeping and child labor requirements of the Fair Labor Standards Act. WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act and a number of employment standards and worker protections as provided in several immigration related statutes.
Additionally, WHD administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.
The news released stated the mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.