Policy Text
Policy
209Fremont Police Department
Fair Labor Standards Act (FLSA) Guidelines
209.1 PURPOSE AND SCOPE
It is the policy of the Fremont Police Department to ensure all employees are properly and fully
compensated in accordance with prevailing law and to ensure that such compensated time is
completely utilized for delivery of police services. The purpose of this policy is to clearly outline and
identify operational guidelines to ensure full compliance with the Fair Labor Standards Act (FLSA).
Some issues related to compliance with FLSA may be addressed in the Memorandum of
Understanding between the City of Fremont and the specific bargaining group.
209.2 OPERATIONAL GUIDELINES
209.2.1 OVERTIME REPORTING
Overtime will be reported and compensated in a minimum of one-tenth hour increments (six [6]
minutes). Employees may not perform unauthorized work outside of normal duty hours without
permission of a supervisor, watch commander or division commander.
209.2.2 UNAUTHORIZED WORK ACTIVITIES
Non-exempt employees are prohibited from performing any compensable work-related activities
outside of their normally assigned work hours without prior authorization from a supervisor,
including employees present at the department prior to the commencement of their shift. Examples
of unauthorized work activities include the following:
(a)Preparing equipment or safety gear.
(b)Performing tasks related to an anticipated court appearance.
(c)Preparing for a training session or activity.
(d)Checking out equipment such as a radio, vehicle keys, or weapon.
(e)Preparing or maintaining equipment.
(f)Accessing e-mail.
(g)Obtaining materials from employee mailbox.
(h)Retrieving or responding to voice mail messages.
(i)Reading or preparing police reports.
(j)Preparing for a shift by examining bulletins or other department documents.
(k)Extensive conversations (those lasting in excess of six [6] minutes) exclusively
discussing work-related matters.
If an employee has a question as to whether an activity in addition to those listed above is
considered unauthorized overtime work, the employee will ask for a determination from that
employee's supervisor.
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Fremont Police Department
Fair Labor Standards Act (FLSA) Guidelines
In the case of an emergency, and as set forth in the overtime reporting requirements of the City and
the Police Department, the officer may perform work but must receive the approval of a supervisor
as soon as possible thereafter.
209.2.3 AUTHENTICATION OF HOURS WORKED
The Department will require each employee to authenticate by declaration that they, and any
employees they supervise, have not worked any uncompensated time during each twenty-eight
(28) day or seven (7) day FLSA cycle, whichever is appropriate, as follows:
(a)"By signing below, I attest that I have accurately reported all time worked and leave
taken for the time period covered during this twenty-eight (28) day [or seven (7) day]
FLSA cycle, including any and all overtime worked. I understand that my failure to
accurately report all time worked and leave taken for the period covered during this
twenty-eight (28) day [or seven (7) day] FLSA cycle may result in disciplinary action."
(b)"By signing below, I understand that the employees I supervise have an obligation to
accurately report all time worked and leave taken for the period covered during this
twenty-eight (28) day [or seven (7) day] FLSA cycle, including any and all overtime
worked by each employee. I further understand that knowingly permitting an employee
to work hours, which are not accurately reported, may result in disciplinary action
against me as a supervisor. To the best of my knowledge, the employees I supervise
have accurately reported their work time during this period."
209.3 PATROL OPERATIONS
(a)The Patrol Operations duty day shall begin at the identified start time of an employee's
designated shift.
(b)Patrol Sergeants, Officers and Community Service Officers (CSOs) may come into the
station 30 minutes prior to the end of shift if they have post-shift activities which require
that amount of time. Examples of post-shift activities include uploading in-car camera
video, completing reports and citations, fueling vehicles and other duties which require
presence at the station.
(c)If post-shift activities do not require that amount of time, Patrol Sergeants, Officers
and CSOs may come into the station 15 minutes prior to the end of shift.
(d)Employees shall also make all efforts to complete these administrative tasks during
the course of the shift, seeking appropriate approval of their supervisor to do so when
necessary.
(e)The nature of police work may occasionally prevent employees from being able to
perform these tasks within the allotted period of time. Should such a circumstance
arise, an affected employee is required to comply with the overtime reporting
requirements of the City and the Police Department.
Copyright Lexipol, LLC 2025/02/06, All Rights Reserved.
Published with permission by Fremont Police DepartmentFair Labor Standards Act (FLSA) Guidelines -
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Fremont Police Department
Fair Labor Standards Act (FLSA) Guidelines
209.3.1 DONNING AND DOFFING
(a)Employees are required to report for their shift at the shift start time dressed and
prepared for duty. The first 15 minutes of the Patrol Officers’ shift are allotted for
Officers to log on and prepare their vehicle for service, prior to the start of briefing.
Community Service Officers’ shift start time aligns with the beginning of briefing.
(b)Employees must remain in uniform