Forest Service Law Enforcement Officers to Receive Back Pay
Tuesday, October 3, 2006
Washington, DC — Thanks to the diligence of
the Forest Service Council and its Law
Enforcement and Investigations (LEI) Committee,
non-exempt Law Enforcement Officers (LEOs) will
now receive paid meal breaks.
LEOs
represented by NFFE recently brought to the
Council’s attention that they were not being
paid during their lunch breaks. The
problem was assigned to the Council’s LEI
Committee, who researched the issue and found
the practice in violation of the law. The
Council approached management with its
findings, who then instituted a favorable new
policy in compliance with the
law.
As of October 1, 2006, meals
for non-exempt LEOs who receive
Administratively Uncontrollable Overtime will
be counted toward their hours of duty and will
not be considered breaks. A meal break of
30 consecutive minutes will be allowed as part
of a paid, 8 hour day.
This policy
was implemented in accordance with Title 5,
United States Code and the Fair Labor Standards
Act, which mandate that an employee’s hours
of work do not include meal periods unless the
employee is engaged in fire protection or law
enforcement work for which the employee
receives annual premium pay for standby duty or
administratively uncontrollable
overtime.
Those LEOs eligible for
back pay due to the erroneously unpaid meal
breaks will receive those funds once processing
by the National Finance Center is
completed. The practice had been going on
for many years, but back pay can only be
granted for the previous two years. Even
so, the approximately 400 eligible LEOs
represented by NFFE will each receive a check
for an average of 5,000-8,000
dollars.
“The LEI Committee,
under the leadership of Committee Chair Brian
Webb, deserves all of the credit for carrying
this issue forward,” said Forest Service
Council President Bill Dougan. “Without
their hard work and commitment to ensuring that
LEOs are appropriately compensated, this issue
would not have been pushed to completion.”
