Isaac Lee, Cross-Appellees v. Coahoma County, Mississippi, Cross-Appellants

Court of Appeals for the Fifth Circuit
937 F.2d 220 (1991)

ELI5:

Rule of Law:

Under the Fair Labor Standards Act's § 7(k) exemption for law enforcement, rest periods during tours of duty of less than 24 hours are compensable work time, regardless of the employee's freedom of movement. Conversely, bona fide meal periods where an employee is completely relieved from duty are not compensable.

Facts:

Isaac Lee and six other deputies were employed by the Coahoma County Sheriff’s Department.
Following a Supreme Court decision making the Fair Labor Standards Act (FLSA) applicable to local governments, Coahoma County devised a new compensation plan to comply with the Act's § 7(k) exemption.
The plan converted the deputies from a salary to an hourly wage, adjusted to keep their total pay substantially the same.
Sheriff Bonner submitted monthly time sheets indicating each deputy worked 171 straight-time hours and 74 overtime hours, but he admitted these figures bore no relation to the actual hours worked and he kept no accurate records.
The county clerk paid the deputies on a monthly basis, despite knowing the FLSA required calculations based on intervals of 28 days or less.
Deputies were given 20-minute meal breaks during which they could go where they pleased but could be called back for emergencies.
On long weekend shifts, which were less than 24 hours, deputies were given a two-hour rest break during which they could return home.

Procedural Posture:

Isaac Lee and other deputies filed suit against Sheriff Bonner and Coahoma County in federal district court, seeking back wages for overtime and liquidated damages under the FLSA.
The County admitted to miscalculating overtime and tendered a payment, which the deputies refused.
Following a bench trial, the district court awarded the deputies compensatory damages but denied their claim for liquidated damages.
The district court also awarded the deputies $4,800 in attorney's fees.
The deputies filed a notice of appeal to the U.S. Court of Appeals for the Fifth Circuit, but the notice named only Isaac Lee 'et al.'
The County filed a cross-appeal challenging the award of attorney's fees.
After the deadline passed, the deputies filed an amended notice of appeal naming all parties, which the district court granted upon a motion for extension of time.

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Issue:

Under the Fair Labor Standards Act's § 7(k) exemption for law enforcement, are meal breaks and rest periods on shifts of less than 24 hours compensable, and must overtime be calculated using a statutorily defined 'work period' rather than a standard work week?

Opinions:

Majority - Clark, C.J.

No, as to meal breaks; Yes, as to rest periods and the use of a work period. Under § 7(k) of the FLSA, bona fide meal breaks where deputies are completely relieved from duty are not compensable, but rest periods during a tour of duty of less than 24 hours are compensable as a matter of law, and overtime must be calculated based on a designated work period, not a standard work week. The district court correctly found the deputies' 20-minute meal breaks were not compensable because they were bona fide periods where the deputies were relieved of their duties, free to go where they pleased, and were only called back for occasional emergencies. However, the district court erred in finding the two-hour rest breaks on long weekend shifts were not compensable. The governing regulation, 29 C.F.R. § 553.222(b), establishes a firm rule that sleep or rest time cannot be excluded from compensable hours for tours of duty lasting less than 24 hours; the deputies' ability to go home during this time is irrelevant. Furthermore, the district court erred by calculating overtime on a weekly basis. The FLSA's § 7(k) requires the establishment of a 'work period' between 7 and 28 days, and overtime is calculated based on the number of hours worked in excess of a specific threshold for that period. Finally, the district court did not abuse its discretion in denying liquidated damages because there was sufficient evidence that the County acted in good faith by seeking legal advice and consulting with the Department of Labor, even though its plan was implemented incorrectly by the Sheriff.

Analysis:

This decision provides critical clarification for public agencies employing law enforcement personnel under the FLSA's § 7(k) exemption. It establishes a bright-line rule that rest or sleep time during any shift under 24 hours is always compensable, limiting employer defenses based on an employee's freedom during such breaks. The ruling also strictly enforces the 'work period' calculation for overtime, preventing employers from using standard weekly calculations which could improperly reduce overtime pay. This case serves as a strong precedent requiring municipalities to meticulously structure their pay policies and record-keeping for first responders to avoid significant liability under the FLSA.

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