NORFOLK, Va. (WAVY) - In a class action lawsuit, 310 Norfolk police officers are suing the City of Norfolk, claiming they did not receive compensation for working overtime.
The lawsuit, filed Oct. 11, claims the following as examples of situations in which the officers were not compensated for their work:
- Officers being required by subpoenas to appear in court 30 minutes prior to hearings and not getting paid for the full time served
- Using smart phones to respond to phone calls and text messages from witnesses, colleagues or informants during hours outside of work
- Some officers were called in to work during off-duty hours only to be sent home
- Cleaning weapons during off-duty hours
- Not paid for break time worked
The lawsuit states the officers "worked and were and are expected to work hours in excess of their regularly scheduled 40 hours in an individual week."
The lawsuit does not offer exact amounts of compensation owed to every worker because the information is "within control" of the City of Norfolk.
It claims human resources professionals, supervisors and managers had to have known about the "substantial uncompensated overtime" with the City of Norfolk's knowledge with "reckless disregard."
The lawsuit states the city only paid overtime in cases when officers worked 43 hours or more per week instead of the 40 hours per week as stated by Virginia law.
The plaintiffs are suing the city on two counts: The first, for violating the Fair Labor Standards Act, and the second for violating Va. Code 9.1-701 through 9.1-703. For both counts, the officers are asking for their attorney fees to be covered as well as all overtime compensation during the past three years and damages.
The officers spelled out they are demanding a trial by jury.
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