Doffing & Donning

The Supreme Court’s unanimous decision in Alvarez holds that employees who work in meat and poultry processing plants must be paid for the time they spend walking between the place where they put on and take off protective equipment and the place where they process the meat or poultry.  The Court determined that donning and doffing gear[1] is a “principal activity” under the Portal to Portal Act, 29 U.S.C. 254, and thus time spent in those activities, as well as any walking and waiting time that occurs after the employee engages in his first principal activity and before he finishes his last principal activity, is part of a “continuous workday” and is compensable under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq.  (IBP v. Alvarez, 126 S.Ct. 514 (2005))

So, what’s happened is that the attorneys that represent police officers have picked up on the fact that the poultry workers decision should also apply to police officers.

There’s a list of what the members of the Long Beach, California Police Department think they should be paid for.

Pre-Shift Activities

1. Academy – required physical training, checking homework, preparing uniform, reading policies
2. Arranging Surveillance Teams
3. As SWAT prep training sites vehicles and equipment
4. Be Sure All Necessary Equipment Is Accounted For
5. Bike/Motor/OPV Preparation
6. Charge Radio Flashlight
7. Check 24 Hour Hot Sheet
8. Check Cheat Sheets
9. Check Crime Board For Wanted Suspects
10. Check Court Calendar
11. Checking Out Equipment
12. Checking/ Maintaining Equipment
13. Checking/responding to pager messages
14. Check Department Email
15. Check Department Mailbox
16. Check Motorcycle – tires, leaks
17. Check Respond To Voice Messages, Pager Messages
18. Check Report Status For Info Re Current Day’s Activities
19. Charge H Held Radio Battery
20. Check Custody List
21. Check Taser
22. Clean Vehicle/ bike/ motorcycle
23. Coordination With Other Officers or Agencies
24. Dealing with personnel and scheduling issues
25. Discussions With Supervisors
26. Drive Time In and Out Of City
27. Drive to special event locations
28. File OT Card For On-Call Court Cases
29. Fill Out Assignment Sheets For Sickies
30. Fill Out Reports
31. Filling out Time Cards and OT Cards
32. FTO Duties (DOR’s, review reports, tests)
33. Gas/ Fuel Vehicle
34. Gathering/stocking up necessary paperwork/forms for shift
35. Informal Briefing Next Shift
36. Intel Gathering Prior To Start Of Roll Call
37. K9 Care – Get Dog From Kennel, Air Him (Go Potty), Make Sure Ac Alarm System Works Before Putting Dog In Car, Make Sure Water In Bowl In Car For Dog
38. Liaison with peers (informal briefing)
39. Line up prior to Academy inspections
40. Locate radar and battery – put in motorcycle
41. Log On To Computer
42. Locate mechanically sound vehicle
43. Log On To Vehicle
44. Marching Flag Detail At Academy
45. Pre Flight Inspections
46. Preparing Presentations for MET and CAT Programs
47. Preparing Quizzes for recruits
48. Prioritize Incoming Project Assignments
49. Replenish Gloves
50. Replenish report forms
51. Research and Review Crime Reports regarding Recent Crimes in Division
52. Responding to accidents or other traffic enforcement prior to start of shift
53. Schedule Officer’s Shifts
54. Shave (Noe Yanez)
55. Shine Badge & Boots
56. Speak With Supervisors Re Specific Locations
57. Staging gear and vehicles for SWAT training
58. Study Policies & Procedures
59. Travel time to duty assignments
60. Walk Into Squadroom For Briefing


Post-Shift

1. Academy Homework
2. Academy Meetings
3. Access Secure Parking Lot At Airport Grounds
4. Answer Employees’ Questions
5. Arrest Reports
6. Available To Officers With Questions Re Shift
7. Bicycle Maintenance
8. Booking Evidence
9. Briefings With Oncoming Shift
10. Briefings With Outgoing Shift
11. Calls From Informants
12. Calls From Victims/ Witnesses
13. Charge Flashlight
14. Charge radio Battery
15. Check, answer and respond to phone calls, e-mails, messages
16. Check Court Calendar
17. Check Narco Address Enroute Home
18. Check Shotgun
19. Check Websites To Gather Intelligence
20. Checking Dept Email
21. Checking Dept Mailbox
22. Checking In Equipment
23. Checking Narcotics Address en route Home
24. Chief’s Meeting
25. Citation Corrections
26. Cleaning The Vehicle
27. Cleaning Of Weapons For SWAT
28. Clean Personal Property Due to Exposure
29. Clear Desk, Emails, Issues
30. Completing Activity Logs
31. Completing/ Turning In Reports
32. Completing Training Evaluations
33. Correcting Recruits’ Reports
34. Counsel Officers On Handling Calls
35. Cover Motorcycle
36. Database Inputting
37. Discussions With Supervisors
38. Discussions With Crime Analyst
39. Distribute Proper Paperwork
40. Division Projects
41. Drive Back To Station
42. Driving Home With Co. Car (Kris Nelson)
43. Driving From Jail To Station For Late Arrest Or From Field
44. Driving Back From Supervisors
45. Dry Cleaning
46. Extended Shifts Due To Late Dispatches During Last Hour Of Shift
47. Feed Groom Dog
48. Filing Field/ Interview Cards Inputting Into Computer
49. FTO Duties
50. Getting Back From End Of Surveillance
51. Inspect The Station To Ensure All Officers Have Reason For Being There
52. Investigating Criminal Cases
53. K-9 Care
54. Let Dog Go To The Bathroom
55. Locking Academy
56. Logging Off Computer
57. Maintain “E” Dog Collar, Including Charge
58. Place Dog In His Kennel
59. Place Gear Bag In Locker
60. Place Radio In Charger
61. Post Flight Inspection (helicopter)
62. Preparing Deployment Sheets For Next Watch
63. Preparing For Court
64. Proof Reading Reports
65. Put Away Gear
66. Putting Away Bike
67. Put Safety Glasses Away
68. Put City Vehicle Behind Gate At Personal Home
69. Put Gun & Radio Into Back Pack
70. Remove Gloves
71. Request To Sign Evaluation After Hours
72. Responding to/Investigation Ongoing Crime, Accidents, or other traffic accidents
73. Responding to Last Minute time off Requests
74. Responding to Late Calls for Helicopter Support
75. Review Use Of Force Reports
76. Shining Boots
77. Stop For Traffic Accidents Or Other Emergency During Commute Home
78. Training Recruits
79. Turning In Field Interview Cards
80. Turn In Paperwork
81. Turn In Timecards
82. Turn In Tickets
83. Turning In Citations
84. UOF/ W-C Reviews
85. Unload Dog From Vehicle
86. Unlock Locker/ Safe
87. Waiting For Sgt To Check In Shotguns
88. Waiting For Sr. Officers To Go Home
89. Walking time from work areas, etc.
90. Watch Commander Logs
Other Claims
1. Assist With Explorer Program
2. Attended Mandatory Leadership Institute
3. Buying Equipment
4. Crime Prevention Meetings
5. EMT School Homework
6. Exercising
7. Extra Practice Shooting Training On Day Off
8. Grading Academy Papers
9. Haircut
10. Honor Guard Detail
11. Instructor – Develop Lesson Plans, Provide Materials At Own Expense
12. Koga Training
13. Lesson Plans For Community Presentations
14. Maintain Dept Race Car; Take To City Events
15. PAL Camping Trips – Outside Of City Limits
16. Police Cadet Coordinator – Onsite Inspections Or Counseling
17. Practice Trumpet To Perform Taps At Funerals, Etc
18. Preparing For Spanish Class Tests
19. Preparing For Meetings With Comm Staff
20. Preparing Info For Recruiters
21. Preparing For Training
22. Preparing Lesson Plans For Academy
23. Prepare Presentation For Instruction At AOTC
24. Presentations for MET and Negotiation Selection Process Teams
25. Project Assignments Memos Written At Home
26. Range Certification
27. Studying For Sgt Exam
28. Uniform fitting
29. Wellness Testing
30. Working Out

The Long Beach Press Telegram estimates that this could cost the city somewhere in the neighborhood of $40 million dollars.

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