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| Introduction and Case Summary |
| On April 12, 2007, the Colorado Springs law firm of Sparks Willson Borges Brandt & Johnson, P.C. filed a lawsuit against the City of Colorado Springs and the Colorado Springs Police Department (CSPD) on behalf of past and present patrol officers of the Colorado Springs Police Department. On June 28, 2007, the complaint was amended to add claims on behalf of patrol sergeants. |
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| The lawsuit alleges that the City has willfully violated the federal Fair Labor Standards Act (FLSA) by failing to pay for all hours worked and discouraging officers from claiming overtime for the hours they have worked. The lawsuit alleges that the CSPD requires officers to perform a variety of "off-the-clock" work activities before and after their regular shifts and during their off duty time. The "off-the-clock" activities are an integral part of the officer's work and include the following activities: |
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- donning and doffing of protective gear, bullet proof vests and equipment
- maintenance of uniforms and equipment
- vehicle preparation
- equipment check out
- administrative tasks, including reviewing and responding to all department e-mail and communications
- preparation/completion of reports, and administration of evidence
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| The lawsuit also alleges that the City has misclassified patrol sergeants as "exempt" employees, and seeks overtime compensation for unpaid work. |
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| The lawsuit asks the Federal Court to declare that the City's practices violate the FLSA and seeks compensation for unpaid wages, unpaid overtime and damages under the FLSA and state law. The action is filed in the United States District Court for the District of Colorado as a collective and class action and could include more than 400 past and present patrol officers and patrol sergeants. |
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| At present, the lawsuit is brought by the seven named plaintiffs, on behalf of themselves and all eligible officers. Since the filing, other police officers and sergeants have consented to join in the action. The court will be asked to certify the action as a collective and class action. |
