Chief’s Counsel: Preparing for Changes to FLSA Regulations

Chiefs should work with their municipality’s human resources (HR) staff or labor counsel to prepare for proposed changes to the Fair Labor Standards Act’s (FLSA) overtime regulations that were published by the U.S. Department of Labor (DOL) in the Federal Register on July 6, 2015. Failing to do so could subject a city or town to the FLSA’s “double damages” plus attorney fees provisions covering a two- or three-year period. It could also result in significant disruptions to a department’s operations and produce unnecessary disputes with unions. The DOL included time for a comment period through September 4, 2015, to afford associations such as the IACP, as well as labor groups and others, an opportunity to submit comments on the proposed rules.1 It is likely the new rules will be finalized in early 2016.

Read More
Chief's Counsel
Share
Much avoidable policing liability does not begin with bad intent. It begins with answering the wrong question.    Officers, supervisors, and chiefs are often asked after the fact to explain why...
Chief's Counsel
Share
Police officers are intimately familiar with the Fourth Amendment to the United States Constitution.1 The terms contained in that amendment—and how judges interpret those terms—dictate how officer...
Investigations
Share
Failure to understand the distinction between so-called immigration warrants issued by an immigration judge or traditional arrest or search warrants issued by a federal court judge can lead to liabili...
Chief's Counsel
Share
For today’s police officers, the first sign of a serious threat increasingly appears not on a street corner or in a call for service, but on a screen. Posts, comments, livestreams, group chats, and ...
Chief's Counsel
Share
The practice of placing officers "on call" raises questions concerning a municipality’s obligation to pay officers, as well as the ability to restrict such officers’ activities while on an "on-cal...
Chief's Counsel
Share
In 2011, this author wrote an article for the Chief’s Counsel section of Police Chief magazine titled “Critical Incident Review Board: Creation and Refinement.” The purpose of the article was ...
Chief's Counsel
Share
Immigration enforcement in the United States is generally a civil matter, handled exclusively by federal agents working for U.S. Immigration and Customs Enforcement (ICE) or Customs and Border Patrol....
Chief's Counsel
Share
Imagine this: a qualified applicant submits a résumé for a position in a department. Before anyone on the team lays eyes on it, an artificial intelligence (AI) system screens them out. No interview....
Chief's Counsel
Share
Words matter. The terms used to describe police work—law enforcement, public safety, guardian, protector, or warrior—do more than signal a philosophy. They define the profession’s purpose, s...
Chief's Counsel
Share
On May 15, 2025, the U.S. Supreme Court issued a landmark decision in Barnes v. Felix, fundamentally altering the legal evaluation of excessive force claims under the Fourth Amendment. The ruling reje...