MISSOURI DEPARTMENT OF CORRECTIONS DEPARTMENT. The Association filed this lawsuit in the Circuit Court of Cole County seeking declaratory relief for DOC's alleged violation of the Labor Agreement. Corrections officers may also be elible to receive compensation, paid at their regular (i.e., “straht time”) pay rate, for working hours in excess of an assned daily shift, even if they do not meet the forty-hour FLSA threshold. Other provisions of the Manual similarly recognize that working in excess of an assned daily shift represents a special demand on corrections officers, separate from working more than forty hours in a week. MISSOURI DEPARTMENT OF CORRECTIONS. DEPARTMENT. PROCEDURE MANUAL. D1.8.13 Offender Sexual and Harassment.
MISSOURI CORRECTIONS OFFICERS ASSOCIATION v. The Association contends that these policy changes violate the Labor Agreement. For non-exempt code 2 employees, of course, this situation is addressed by the FLSA.6. The Department Manual defines how state compensatory time and federal overtime are earned by correctional officers. The Manual.
Missouri Mail Procedure from State.pdf Because the Department's revisions to its method of calculating state compensatory time violate the parties' Labor Agreement, we reverse. §§ 207(a)(1), 207(o)(1), requires DOC to compensate corrections officers who actually work more than forty hours in a single work week at “a rate not less than one and one half hours for each hour of employment for which overtime compensation is required.” See also 29 C. The Agreement gives DOC the authority to direct the corrections officers and conduct business as it sees fit, “except as modified by the terms of this Agreement.” The Department explicitly retains the rht to “hire, assn, reassn, transfer, promote and to determine hours of work and shifts and assn overtime.” The Labor Agreement also authorizes DOC to “temporarily assn employees to a different work assnment on a daily basis.”Under the FLSA and the Labor Agreement, the Department may compensate corrections officers for federal overtime or state compensatory time by providing them with compensatory paid time off. As the Association points out, however, there are several instances in which a supervisor could make mid-week schedule changes to prevent the unnecessary accrual of state compensatory time, even under our reading of the state compensatory time provision. Because of this definition of “work,” paid time off (like vacation time and sick leave) does not qualify as “work” under the FLSA, and is not counted in determining whether a worker has met the threshold to accrue federal overtime. City of Albuquerque, 630 F.3d 1300, 1310 (10th Cir.2011); Boelter v. In a similar vein, the Department's briefing seeks to insert additional language into § 7.9 of the Labor Agreement, arguing that the section only addresses officers' rhts “to use their accumulated balances of compensatory time ․ as extra leave .” (Emphasis added.) Once again, however, no reference to “accumulated balances” appears in § 7.9 itself, and we refuse to insert one.8. MISSOURI DEPARTMENT OF CORRECTIONS. INSTITUTIONAL SERVICES. PROCEDURE MANUAL. IS13-1.1 Offender Mail Procedures.
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