Post basic public safety dispatcher training course dps. Serves in a public safety officer and police dispatcher capacity on a rotating basis. The final rule will become effective on january 1, 2020. Public safety dispatcher certificate, public safety. Information on presenters of the postcertified public safety dispatchers basic course can be found in posts catalog of certified courses. If they work all their assigned shifts, the dispatchers are paid 80 hours of straight time and four hours of. Provides lead direction and training to new public safety dispatchers. Apco filed formal comments as part of the soc revision process, suggesting two changes 1. If you work or have worked as a dispatcher or a paramedic for a fire department and you have been denied overtime pay, you may be able to file a. In 1966, the act was amended to include school, hospital, nursing home and local transit employees. The flsa overtime requirements for public safety employees are different from those of other employees, because a specified number of work hours is needed within the flsa work period before the flsa rate can be applied to overtime pay.
Must possess or be able to acquire the following certifications andor licenses. Positions at this level are not expected to function with the same amount of program knowledge or skill level as positions allocated to the public safety dispatcher ii level and. Department of labor dol announced a final rule modifying the weekly salary and annual compensation threshold levels for white collar exemptions to fair labor standards act flsa overtime requirements. We are scheduled to work five 8hour shifts per week. Mar 09, 2018 the flsa contains some specific provisions for public safety employees because they often work nontraditional schedules that can complicate calculation of overtime pay. Under section 7a, a nonexempt employee must receive overtime compensation for all hours worked in excess of 40 in the workweek at a rate of not less than. Employee is responsible for receiving, assessing, assisting and disbursing. What can be done through the federal fair labor standards act flsa to provide for scheduling flexibility in a manner similar to those provided our partner public safety agencies. Job title public safety dispatch trainer flsa status nonexempt band par probationary period 12 months. This comprehensive and motivational course is a must for every current or aspiring supervisor. Post basic public safety dispatcher training course. The public safety dispatcher certificate is awarded to employees who have satisfactorily completed the public safety. The department of labor revised the regulations located at 29 c.
Director of communications flsa status nonexempt statement of duties. Ohio judge finds dispatchers to be exempt administrative employees by noel p. Core competencies and minimum training standards for. Office of emergency telecommunications services regulations. For those reasons, the e911 dispatchers would not qualify either as law enforcement or fire fighting employees within the meaning of the 207k exemption, and are entitled to overtime compensation for all hours worked over 40 during the week, except, of course, those dispatchers who might be exempt from the fair labor standards act because. Nov 30, 2009 another possibility is that the dispatchers may fit within the motor carrier exemption, but they must affect safety for this exemption, rather than simply dispatch vehicles. The fair labor standards act has two exceptions from its overtime pay rules for nonexempt employees who work different numbers of hours from week to week. Ohio judge finds dispatchers to be exempt administrative.
Job title public safety dispatch trainer flsa status non. Their work periods vary from seven to 28 days, depending on the work period. A federal judge has ruled that a dispatcher, who was suing as the named plaintiff in a flsa collective action seeking overtime, was not able to prove that he was similarly situated to other employees and this the judge refused to grant even the conditional certification necessary to keep the case going. Overtime pay entitlement for public safety employees under. New dispatchers seeking to obtain post basic public safety dispatcher certification. With the exception of a few states, dispatchers are entitled to overtime if they work more than 40 hours in a sevenday workweek. Public safety dispatchadministration of justicegrossmont. Positions at this level are not expected to function with the same amount of program knowledge or skill level as positions allocated to. Be able to satisfactorily complete other required department of public safety training and coursework within six months of employment. Section 3s1c of the flsa covers all public agency employees of a state, a political subdivision of a state, or an interstate government agency.
Postsecondary schooling may facilitate advancement. Before enrolling, make sure you check to see if the certificate program meets the minimum requirements in your state. The university of north texas, for example, lists a bachelors degree in a related field among the preferred qualifications for. Jan 15, 2001 from public employers guide to flsa employee classification, thompson publishing group.
Duties may include, but are not limited to, the following. Tactical dispatchers are specially trained to handle highrisk, lowfrequency incidents. When the call comes, the person answering has to be ready because this is when seconds count. One of the more common situations when this question arises is when employees participate in meetings, seminars. Certificate of completion from the post public safety dispatcher basic course valid drivers license class c or. Information on presenters of the postcertified public safety dispatchers basic course can be found in posts catalog of certified. The lifeline of public safety the status of the profession, challenges faced. Be able to successfully pass 12 week communications training program. The 120hour basic course satisfies the california commission on peace officer standards and training post minimum training requirements for entrylevel dispatchers and is designed for both employed andor students interested in entering into a career as a public safety. It serves the needs of public safety communications practitioners worldwide and the welfare of the general public as a whole by providing complete expertise, professional development, technical assistance, advocacy and outreach. An employers failure to pay dispatchers overtime when overtime is due and required is a violation of the fair labor standards act flsa and can result in a lawsuit similar to the one against camden city. The university of north texas, for example, lists a bachelors degree in a related field among the preferred qualifications for communications supervisor public safety specialist iv. Mar 24, 2014 ohio judge finds dispatchers to be exempt administrative employees by noel p. What needs to be done, considering the extraordinarily demanding and stressful environment of 911 public safety communications to reduce the.
Under the flsa, most other fire department employees should receive overtime compensation. The fair labor standards act flsa can be found under title 29 of the united states code, with the portions relating specifically to public employees in subtitle b, chapter v, subchapter a, part 553. A minimum of one year of experience as a public safety 911 operator with the city of mesa, including successful completion of the current public safety 911 operator training program and probationary period or successful completion of the current fire dispatcher trainee program and satisfactory performance. Management and leadership tools for 911 professionals. Under direction, leads, trains, oversees, and participates in the work 911 system emergency and nonof. Jefferson county job description emergency communications public safety dispatcher ii 1108 page 1 of 3 position title. Class characteristics this is the full supervisorylevel class in the police dispatcher class series. Most employees public and private are entitled to overtime pay at the rate of 1. Look here for a post i wrote about the fluctuating workweek method, which can. The communications call receivers and dispatchers are the public safety nucleus. Home wage and hour exemptions ohio judge finds dispatchers to be exempt administrative employees.
The fair labor standards act of 1938 flsa is the federal law that regulates the wages and hours worked by employees engaged in interstate commerce. From public employers guide to flsa employee classification, thompson publishing group. Civilian police department employees such as public safety dispatchers do not qualify for the fair labor standards act s flsa partial overtime exemption for police and firefighters set forth in 29 u. Fire protection personnel include firefighters, paramedics, emergency medical. Dispatchers must work during unusual andor catastrophic events such as major fires, earthquakes, floods or civil unrest.
Therefore, it is our opinion that the city would violate the flsa by complying with the agreement strictly and paying dispatchers an overtime premium only when they work in excess of 48 hours. The public safety group, in conjunction with profile evaluations, inc. Primarily because of the potential impact it has on a managers or a supervisors responsibilities and budget. Tripp on march 24, 2014 cases upholding the exempt status of dispatchers pursuant to the administrative exemption of the flsa generally have focused on whether the position requires the performance of decisionmaking duties and analysis beyond mere communication. Public safety employees7k exemption the flsa contains a provision that allows the establishment of longer work periods of not less than seven days nor more than 28 days for public safety employees of state and local governments. Job title public safety dispatch trainer flsa status nonexempt band par probationary period 12 months zone 5 job code 12768 3 revised. Provides personal, equipment and real property security for faculty, staff, students and visitors within an assigned area of the university campus. May 08, 2020 the public safety dispatchers basic course introduces the necessary skills and knowledge to work in a law enforcement communications center in a productive and professional manner.
Another flsa class action on exempt status of dispatchers. The public safety dispatchers basic course is the entrylevel training requirement for dispatchers employed by agencies participating in posts public safety dispatcher program, as specified in commission regulation 1018. Public safety dispatchers at the ucla police department are fulltime, nonsworn employees who, along with other tasks, receive emergency and nonemergency calls for service for law enforcement, fire, and medical aid incidents, and dispatch the appropriate law enforcement, fire, or medical aid personnel, as needed. The flsa contains some specific provisions for public safety employees because they often work nontraditional schedules that can complicate calculation of overtime pay.
Public safety dispatcher i this is the entry level class in the public safety dispatcher series, which is typically used as a training class. The dispatch course is also post approved as meeting the basic dispatcher training for law enforcement. Cases upholding the exempt status of dispatchers pursuant to the administrative exemption of the flsa generally have focused on whether the position requires the. Dispatcher training for public safety professionals communication skills are a must for 911 call takers, police dispatchers, and others in the disaster and emergency response field. Public safety dispatch aoj 158 120hours 7 units mon. It is a nondegree program and is offered by a number of institutes. The public safety dispatchers basic course is the entrylevel training requirement for dispatchers employed by agencies participating in posts public safety dispatcher program, as specified in commission regulation 1018 pdf. Based upon the information provided, we believe that the public safety dispatchers are entitled to overtime compensation under section 7a of the flsa.
Sep 09, 2011 based upon the information provided, we believe that the public safety dispatchers are entitled to overtime compensation under section 7a of the flsa. The pay period for public safety employees can be as long as 28 days under the flsa, although most public employers use some multiple of seven days, typically 14. Public safety telecommunicators better encompasses both 911 call taking and emergency dispatch, and aligns with the congressional resolution that established national public safety telecommunicators week. They often participate in the development of operational procedures and protocols related to dispatch functions. I am employed in a government job as a 911 telecommunicator. In any event, the time to analyze the dispatcher exemption issue is now, before the threat of a lawsuit looms. The fire service is regimented and dispatchers may receive orders which must be carried out promptly and without question. The fair labor standards act flsa provides a partial overtime exemption for fire protection and law enforcement personnel employed by public agencies on a. Employed by a motor carrier or motor private carrier, as defined in 49 u.
Dispatchers must complete 20 hours of training each 2 year unit as required by the texas commission on law enforcement. Use the title, public safety telecommunicators instead of dispatchers. We employ civilian public safety dispatchers who handle dispatching for both the police and fire departments. Sep 06, 2019 public safety dispatcher certificates are awarded, as defined in commission regulation 1011, to currently employed fulltime dispatcher employees of an agency that participates in the post public safety dispatcher program. Online dispatcher training the public safety group. Another possibility is that the dispatchers may fit within the motor carrier exemption, but they must affect safety for this exemption, rather than simply dispatch vehicles. January 27 january 31, 2020 april 27 may 1, 2020 july 27 july 31, 2020 october 26 october 30, 2020.
Subpart cfire protection and law enforcement employees of public agencies. We are required to be in the dispatch center and ready to work by the start of our assigned shift. Public safety dispatcher certificates are awarded, as defined in commission regulation 1011, to currently employed fulltime dispatcher employees of an agency that participates in the post public safety dispatcher program the public safety dispatcher certificate is awarded to employees who have. A public safety dispatcher program is designed to prepare students for a career in this field. The course also prepares each student for the basic roles, responsibilities, and duties of a public safety dispatcher within the law enforcement agency. Past certification in the apco institute 24hour public safety telecommunicator basic training course for new jersey, which was a course developed by the associated publicsafety communications officers institute that was adapted to provide training in unique features of the new jersey 911 emergency enhanced telecommunications network and. Public safety dispatcher certificate supervisor certificate. Public safety assistant job descriptions human resources. What can be done through the federal fair labor standards act flsa to. Section 3s1c of the flsa covers all public agency employees of a state. Scheduled work hours, actual work hours, public safety.
Before enrolling, make sure you check to see if the certificate program. Fair labor standards act when meeting and training time. The public safety dispatchers basic course introduces the necessary skills and knowledge to work in a law enforcement communications center in a productive and professional manner. The dispatchers work an average of 42 hours per week. This partial exemption from the overtime provisions of the flsa is often referred to as the 7k exemption. Initially, the flsa applied only to private employers.
Under certain conditions, public employees may receive compensatory time off pursuant to section 7o in lieu of cash overtime compensation as explained in 29 c. Cpr certification cardiopulmonary resuscitation within 3 months of start date. Chapter 1 management issues raised by flsa why learn about the fair labor standards act flsa and its provisions. An introduction to public safety dispatcher training san mateo. Provides escort services and other basic public assistance services as needed. Post professional public safety dispatcher dispatch supervisor certificates. Department of labor dol ruled in an opinion letter recently made available. Drivers, drivers helpers, loaders, or mechanics whose duties affect the safety of operation of motor vehicles in transportation on public highways in interstate or foreign commerce see employee duties below. The flsas overtime pay provisions for law enforcement and. Mtas was asked whether e911 dispatchers qualify for the 207k exemption for.
Apco international is the worlds largest organization of public safety communications professionals. Understanding how the federal labor law impacts police departments is critical for. The south bay basic public safety dispatch academy was designed by master instructors employed in the dispatch field. As we discussed previously in our flsa hours worked series, there are circumstances when it may be unclear whether an employees time should be counted as hours worked for purposes of minimum wage and overtime requirements set forth in the fair labor standards act flsa.