Sheriff’s Officers Say Commissioners Violating Labor Law

Ten sheriff’s lieutenants accuse Spokane County commissioners of unfair labor practices in a federal lawsuit filed this week.

They claim commissioners are violating the federal Fair Labor Standards Act by doling out compensatory time on an hour-for-hour basis. The lieutenants say they should be compensated at time-and-a-half.

Compensatory time is paid time off earned for working extra hours.

“We are only asking that we receive what the federal government says we should receive,” said Lt. John Simmons, one of the plaintiffs in the suit.

The Fair Labors Standard Act requires that compensatory time be paid to certain employees at 1-1/2 times the regular rate.

Sheriff’s sergeants and deputies receive compensatory hours at time-and-a-half, as do most Spokane city police officers.

But Sheriff’s Department brass and other county administrators contend their lieutenants aren’t covered by the act because they are considered managers.

“FSLA doesn’t apply to managers,” said Undersheriff Mike Aubrey, who is negotiating with the lieutenants on a new contract, which is in mediation.

“I don’t know why they filed a lawsuit rather than pursuing it through negotiations,” he said. “We’ve been talking about a wide range of issues on overtime.”

Several lieutenants said the administration doesn’t appear willing to budge on compensatory time, and they wanted to push the issue in court.

In October, nine Spokane County sheriff’s sergeants won a dispute with the administration over their work schedule. The state’s Public Employment Relations Commission ruled that Sheriff John Goldman violated state law by changing the sergeants’ work shift from a four-day to a five-day workweek.

The sergeants returned to the four-day week and were awarded more than $4,000 each in damages.

, DataTimes