{"id":11271,"date":"2017-12-21T19:21:23","date_gmt":"2017-12-21T19:21:23","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=11271"},"modified":"2018-01-01T23:18:01","modified_gmt":"2018-01-01T23:18:01","slug":"officers-are-considered-employees-in-law-enforcement-activities","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=11271","title":{"rendered":"Officers are Considered “Employees in Law Enforcement Activities”"},"content":{"rendered":"
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\u00a0\u00a0\u00a0\u00a0 The Fair Labor Standards Act of 1938 (FLSA), as amended (52 Stat. 1060, as amended; 29 U.S.C. 201-219<\/a>) defines which types of law enforcement officers are defined as “employees,” within the following CFR<\/a>:<\/span> <\/strong><\/div>\n
<\/div>\n
Code of Federal Regulations (CFR)<\/a><\/strong><\/span>
\nTitle 29<\/a><\/strong><\/span>
\nSubtitle B<\/a><\/strong><\/span>
\nChapter V<\/a><\/strong><\/span>
\nSubchapter A<\/a><\/strong><\/span>
\nPart 553<\/a><\/strong><\/span>
\nSubpart C<\/a><\/strong><\/span><\/div>\n<\/div>\n
\n
<\/div>\n
\u00a7 553.211 Law enforcement activities<\/span><\/strong><\/div>\n<\/div>\n<\/div>\n
<\/div>\n
\u00a0\u00a0\u00a0\u00a0 A transcript of the aformentioned CFR is located below; in summary,city police, district or local police, sheriffs, under sheriffs or deputy sheriffs; court marshals or deputy marshals; constables and deputy constables; border control agents; state<\/a> troopers and highway patrol officers.\u00a0\u00a0 Other agency<\/a> employees<\/a>, including fish and game wardens or criminal investigative agents assigned to the office of a district attorney, an attorney general, a solicitor general are listed within the code:<\/span><\/strong><\/div>\n
<\/div>\n
Transcript:<\/span><\/strong><\/div>\n
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(a)<\/span> As used in sections 7(k) and 13(b)(20) of the Act<\/a>, the term \u201cany employee<\/a> . . . in law enforcement activities\u201d refers to any employee<\/a> <\/span><\/strong><\/p>\n

(1) who is a uniformed or plainclothed member of a body of officers and subordinates who are empowered by State<\/a> statute or local ordinance to enforce laws designed to maintain public peace and order and to protect both life and property from accidental or willful injury, and to prevent and detect crimes,
\n(2) who has the power to arrest, and
\n(3) who is presently undergoing or has undergone or will undergo on-the-job training and\/or a course of instruction and study which typically includes physical training, self-defense, firearm proficiency, criminal and civil law principles, investigative and law enforcement techniques, community relations, medical aid and ethics.<\/span><\/strong><\/p>\n

(b)<\/span> Employees<\/a> who meet these tests are considered to be engaged in law enforcement activities regardless of their rank, or of their status as \u201ctrainee,\u201d \u201cprobationary,\u201d or \u201cpermanent,\u201d and regardless of their assignment to duties incidental to the performance of their law enforcement activities such as equipment maintenance, and lecturing, or to support activities of the type described in paragraph (g)<\/a> of this section, whether or not such assignment is for training or familiarization purposes, or for reasons of illness, injury or infirmity.\u00a0 The term would also include rescue and ambulance service personnel if such personnel form an integral part of the public agency<\/a>‘s law enforcement activities.\u00a0 See \u00a7 553.215.<\/span><\/strong><\/p>\n

(c)<\/span> Typically, employees<\/a> engaged in law enforcement activities include city police; district or local police, sheriffs, under sheriffs or deputy sheriffs who are regularly employed and paid as such; court marshals or deputy marshals; constables and deputy constables who are regularly employed and paid as such; border control agents; state<\/a> troopers and highway patrol officers.\u00a0 Other agency<\/a> employees<\/a> not specifically mentioned may, depending upon the particular facts and pertinent statutory provisions in that jurisdiction, meet the three tests described above.\u00a0 If so, they will also qualify as law enforcement officers.\u00a0 Such employees<\/a> might include, for example, fish and game wardens or criminal investigative agents assigned to the office of a district attorney, an attorney general, a solicitor general or any other law enforcement agency<\/a> concerned with keeping public peace and order and protecting life and property.<\/span><\/strong><\/p>\n

(d)<\/span> Some of the law enforcement officers listed above, including but not limited to certain sheriffs, will not be covered by the Act<\/a> if they are elected officials and if they are not subject to the civil service laws of their particular State<\/a> or local jurisdiction.\u00a0 Section 3(e)(2)(C) of the Act<\/a> excludes from its definition of \u201cemployee\u201d elected officials and their personal staff under the conditions therein prescribed. 29 U.S.C. 203(e)(2)(C)<\/a>, and see \u00a7 553.11. Such individuals, therefore, need not be counted in determining whether the public agency<\/a> in question has less than five employees<\/a> engaged in law enforcement activities for purposes of claiming<\/a> the section 13(b)(20) exemption.<\/span><\/strong><\/p>\n

(e)<\/span> Employees<\/a> who do not meet each of the three tests described above are not engaged in \u201claw enforcement activities\u201d as that term is used in sections 7(k) and 13(b)(20). Employees<\/a> who normally would not meet each of these tests include<\/span><\/strong><\/p>\n

(1)<\/span> Building inspectors (other than those defined in \u00a7 553.213(a)<\/a>),<\/span><\/strong><\/p>\n

(2)<\/span> Health inspectors,<\/span><\/strong><\/p>\n

(3)<\/span> Animal control personnel,<\/span><\/strong><\/p>\n

(4)<\/span> Sanitarians,<\/span><\/strong><\/p>\n

(5)<\/span> civilian traffic employees<\/a> who direct vehicular and pedestrian traffic at specified intersections or other control points,<\/span><\/strong><\/p>\n

(6)<\/span> Civilian parking checkers who patrol assigned areas for the purpose of discovering parking violations and issuing appropriate warnings or appearance notices,<\/span><\/strong><\/p>\n

(7)<\/span> Wage and hour compliance officers,<\/span><\/strong><\/p>\n

(8)<\/span> Equal employment opportunity compliance officers,<\/span><\/strong><\/p>\n

(9)<\/span> Tax compliance officers,<\/span><\/strong><\/p>\n

(10)<\/span> Coal mining inspectors, and<\/span><\/strong><\/p>\n

(11)<\/span> Building guards whose primary duty is to protect the lives and property of persons within the limited area of the building.<\/span><\/strong><\/p>\n

(f)<\/span> The term \u201cany employee<\/a> in law enforcement activities\u201d also includes, by express reference, \u201csecurity personnel in correctional instititions.\u201d A correctional institution is any government facility maintained as part of a penal system for the incarceration or detention of persons suspected or convicted of having breached the peace or committed some other crime. Typically, such facilities include penitentiaries, prisons, prison farms, county, city and village jails, precinct house lockups and reformatories. Employees<\/a> of correctional institutions who qualify as security personnel for purposes of the section 7(k) exemption are those who have responsibility for controlling and maintaining custody of inmates and of safeguarding them from other inmates or for supervising such functions, regardless of whether their duties are performed inside the correctional institution or outside the institution (as in the case of road gangs). These employees<\/a> are considered to be engaged in law enforcement activities regardless of their rank (e.g.,<\/span> warden, assistant warden or guard) or of their status as \u201ctrainee,\u201d \u201cprobationary,\u201d or \u201cpermanent,\u201d and regardless of their assignment to duties incidental to the performance of their law enforcement activities, or to support activities of the type described in paragraph (g)<\/a> of this section, whether or not such assignment is for training or familiarization purposes or for reasons of illness, injury or infirmity.<\/span><\/strong><\/p>\n

(g)<\/span> Not included in the term \u201cemployee in law enforcement activities\u201d are the so-called \u201ccivilian\u201d employees of law enforcement agencies or correctional institutions who engage in such support activities as those performed by dispatcher, radio operators, apparatus and equipment maintenance and repair workers, janitors, clerks and stenographers. Nor does the term include employees in correctional institutions who engage in building repair and maintenance, culinary services, teaching, or in psychological, medical and paramedical services. This is so even though such employees may, when assigned to correctional institutions, come into regular contact with the inmates in the performance of their duties.<\/span><\/strong><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer<\/span><\/span><\/strong>: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with<\/span><\/span><\/strong> Fair Use<\/a>.<\/span><\/span><\/strong><\/p>\n

[1]: Black\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>Deluxe<\/b><\/span><\/a><\/em> Tenth<\/b><\/span><\/a><\/em> Edition<\/b><\/span><\/a><\/em>\u00a0<\/span><\/strong>by<\/b><\/span><\/strong> Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>with<\/b><\/span><\/a><\/em> Pronunciations<\/b><\/span><\/a><\/em>
\n<\/span><\/a><\/em>Third Edition<\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]: Ballantine\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>Legal<\/b><\/span><\/a><\/em> Assistant<\/b><\/span><\/a><\/em> Edition<\/b><\/span><\/a><\/em>\u00a0<\/span><\/em>by<\/b><\/span><\/strong> Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

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