Rosano v. Township of Teaneck

A collective bargaining agreement provides that Teaneck police officers work regularly recurring work periods so that they work an average of 39.25 hours per week over the course of a calendar year. Officers work under either a "Six and Three" plan (six eight-hour tours over six consecutive days, then three consecutive days off) or a "Five and Two" plan (five eight-hour tours over five consecutive days with two consecutive days off). If an officer performs work in excess of normal hours in any tour of duty, that work is considered overtime which is compensated at a rate of time and one-half; overtime pay accrues in blocks based on the amount of time worked after a regular tour. The CBA provides for "muster time," 10 minutes before and 10 minutes at the end of their tours, so that for each eight-hour tour, officers may work eight hours and 20 minutes. On any given day, officers may work less than that depending on the length of the post-tour muster; officers are still given credit for the full eight hours and 20 minutes. There is no policy requiring that uniformed officers don or doff their uniform at Police Headquarters. Officers claimed violation of the Fair Labor Standards Act, 29 U.S.C. 201, by failing to pay proper overtime; provide compensation for muster time; and provide compensation for time spent putting on and taking off uniforms. The district court rejected the claims on summary judgment. The Third Circuit affirmed. View "Rosano v. Township of Teaneck" on Justia Law