USCA1 Opinion
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
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No. 97-1650
ANDRES GOTAY-FIGUEROA, ET AL.,
Plaintiffs, Appellants,
v.
MUNICIPALITY OF SAN JUAN, ET AL.,
Defendants, Appellees.
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Salvador E. Casellas, U.S. District Judge]
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Before
Selya, Circuit Judge,
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Campbell, Senior Circuit Judge,
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and Lynch, Circuit Judge.
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Frederic Chardon Dubos on brief for appellants.
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Jose Angel Rey on brief for appellees.
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October 14, 1997
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Per Curiam. Appellants are present or former city
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police officers for the Municipality of San Juan. They claim
their employer has violated the Fair Labor Standards Act, 29
U.S.C. 201 et seq. ("FLSA"), in two respects: 1) by
failing to pay overtime as required by subsection 207(a),
even though they worked more than 40 hours per week; and 2)
by giving them compensatory time in lieu of overtime pay for
hours worked in excess of 35 or 40 hours per week,1 in
1
violation of subsection 207(o).
Both arguments fail for the same reason. Appellants do
not become eligible for payment of overtime wages until they
have worked 43 hours per week; see 29 U.S.C. 207(k) and 29
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C.F.R. 553.230(b) & (c). The rule applies to law
enforcement personnel who have a seven to 28 day "work
period." Their argument that this special rule for law
enforcement officers does not apply to them, since they never
work seven consecutive days, is specious. A "work period"
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is not a "duty cycle." Instead, it is a recurring period of
work, from seven to 28 days, which the employer sets up ahead
of time for determining whether an employee is eligible for
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1Appellants seem to claim they were entitled to overtime
1
pay for hours worked in excess of 35 per week; apparently
local law is more generous than federal law with regard to
municipal employees; see Ordinance No. 58, Municipality of
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San Juan, June 28, 1985. Whether appellants allege they were
entitled to overtime pay under the FLSA after working 35
hours or 40 hours, they still fail to allege a violation of
the FLSA. See text infra.
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overtime pay in any given period. 29 C.F.R. 553.224(a).
Appellants have not alleged they were required to work more
than 43 hours in a work period without additional
compensation, so they have failed to allege or show facts to
support their claims.
Affirmed. Loc. R. 27.1.
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