NJ Police Officers Seek $8 Million in Unpaid Overtime

A group of police officers are seeking to bring a class action lawsuit against the city of East Orange, New Jersey. These officers claim that they are owed up to $8 million in unpaid overtime since September 2009.

The unpaid overtime lawsuit was initially filed on September 24, 2012. In May, the plaintiffs filed a motion in a New Jersey federal court to seek class certification for current and former East Orange police officers with unpaid overtime claims. Twenty-one officers have joined the potential class action lawsuit. East Orange officers Stephen Rochester, Jermaine Wilkins and Raymond Donnerstag are named as the lead plaintiffs in this FLSA class action lawsuit.

FLSA Requires Non-Exempt Employees to Be Paid Overtime

The Fair Labor Standards Act (FLSA) protects employees from unfair business practices and requires non-exempt workers to be paid for all of the time they spend working. When a non-exempt employee works over 40 hours in a week, that employee is entitled to overtime pay at a rate of 1.5 times their hourly wage.

Several East Orange officers have complained that the police department does not keep accurate records of the actual hours that the officers work. These officers claim in the class action lawsuit that the city violated the FLSA by requiring officers to begin working prior to the start of their shifts and continue working after their shifts had ended without pay.

Officers Required to Work Outside their Shift Hours Without Additional Pay

According to a 2010 memo, the officers were required to report to work 10 minutes before their scheduled shifts to review and analyze crime data and statistics. The officers were frequently ordered to stay late to finish their police reports. While some officers complained to their supervisors about these practices, other officers feared retaliation. The plaintiffs claim that they were subject to discipline if they did not report to work prior to their shift.

Rochester estimates that he has worked more than 400 hours of unpaid overtime. Other officers complained of instances in which they were sometimes required to spend hours writing reports after the end of their shift without overtime pay.

City officials deny any wrongdoing, claiming that the officers have been paid according to their contract terms. The city is seeking to have the FLSA lawsuit dismissed. The plaintiffs argue that the FLSA applies to their case, as federal law supersedes negotiated contract terms.

Find Out More about FLSA Lawsuits

The FLSA protects workers and requires non-exempt employees to be paid for all of the hours they work. If your employer has regularly required you to arrive prior to your shift or continue working after your shift ends without pay, you may be entitled to recover unpaid overtime.

Numerous employers have attempted to cut costs by requiring employees to work without pay. The number of FLSA complaints has risen 400 percent since 2000. As a result, major corporations in the retail, health care, financial and restaurant industries have paid millions of dollars in class action settlements. To learn more about FLSA lawsuits, visit the Wage & Hour, Unpaid Overtime Class Action Lawsuit Investigation. You may be entitled to receive back pay and other compensation for these violations.