Sergeants Deemed Executives, Ineligible for Added Overtime; Federal Court Ruling
By TOMMY HALLISSEY
A Federal jury July 18 ruled that NYPD Sergeants were not entitled to extra overtime pay under the Fair Labor Standards Act because they are executives, the city Law Department announced last week.

ED MULLINS: Couldn't convince jury.

The Sergeants sought additional overtime under the FLSA beyond what the collective-bargaining agreement of the Sergeants Benevolent Association allowed. The city contended the Sergeants were executives because of their power to influence hiring, firing, advancement, promotion or other changes in job status. The new FLSA regulations, enacted on Aug. 23, 2004, added an executive exemption for those in positions of authority.

The case, Mullins v. City of New York, which included about 4,300 Sergeants, was a test case for the new provisions of the FLSA. A few other groups of individual Sergeants also brought suit.

'Clarifies What an Executive Is'

Connie Pankratz, spokeswoman for the Law Department, said the Sergeant case was noteworthy for all city employees. "Certainly this case has immediate ramifications to the NYPD," she said. "But the Fair Labor Standards Act applies to everybody. This helps to clarify what an executive is and if they qualify for overtime."

The jury unanimously agreed that Sergeants are responsible for making suggestions and recommendations regarding their subordinates, Police Officers, in firing, promotions, advancement and other changes in job assignment, which are given particular weight by the NYPD.

The FLSA exempts employees from the overtime provision if they are paid at least $455 per week; have a primary duty of management, directing the work of two or more employees; and possess the ability to hire or fire other employees or their suggestions are given "particular weight."

The issue in the trial was the third qualification, since the first two were already established. The city argued that Sergeants evaluate subordinates; discipline Police Officers; rate officers' productivity and efficiency for promotion consideration; interview, select and train employees; and exercise control over assignments.

Downplayed Their Status

The Sergeants argued they did not have direct influence over hiring or firing and should not be considered executives. They also said Sergeants' influence was sporadic and informal. Lawyers for the Sergeants also noted that ascent to the rank is largely through a civil service examination.

"Their position was they were a sophisticated cop," said James Lemonedes, Senior Counsel at the Law Department, meaning a better-trained line officer. "They are not a sophisticated cop. They are a supervisor. Sergeants are the front-line supervisors."

Mr. Lemonedes contended the Sergeants didn't really lose out monetarily because they likely do better with the overtime pay they get in their collective bargaining agreement than any time-and-a-half award from the FLSA.