City Law Enforcement Officer Must Be Paid Overtime for Caring for K-9 Partner

Deputy Leever?s partner was a police dog named Scout. ?She had to care for and train Scout during her off-duty hours at home. ?The City knew about this work but paid her only a flat fee rather than overtime.?? Subsequently, Deputy Leever?s union and the City incorporated a $30.00 per week flat fee into the applicable collective bargaining agreement.? ?Officer Leever sued for unpaid overtime.? The? district? court? granted? the employer?s? motion? for? summary? judgment,? but the Ninth Circuit reversed. ?An FLSA regulation creates an overtime exception for work done at home where the employer proves the parties have made a reasonable agreement for pay in lieu of overtime.? ?The court held that the agreement between the Union and the employer in this case was? not? necessarily? reasonable? because? they made? no? effort? to? approximate? the? number? of hours Officer Leever actually worked taking care of Scout.? ?The court rejected the employer?s reliance on a supposed ?study? by other jurisdictions because the study at issue was methodologically flawed and there was no evidence?? that?? the?? plaintiff?? performed?? duties similar to those of the study participants.?? The court held the employer was required to make a reasonable investigation of the approximate number of hours worked before entering into any agreement for pay in lieu of overtime. ?The court remanded ?for ?a ?re-evaluation ?of ?whether ?the agreement was reasonable.? ?Leever v. City of Carson, No. 02-16525 (3/4/04; Tashima; B. Fletcher, Pollack (ED Pa.).