Wahl v. City of Wichita, Kan.
| Decision Date | 13 November 1989 |
| Docket Number | No. 88-1424-K.,88-1424-K. |
| Citation | 725 F. Supp. 1133 |
| Parties | Charles G. WAHL, Dale E. Coffman, Richard A. Alvarez, On Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. The CITY OF WICHITA, KANSAS, Defendant. |
| Court | U.S. District Court — District of Kansas |
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Ray E. Simmons, and Ken M. Peterson, Robert W. Coykendall, Morris, Laing, Evans, Brock & Kennedy, Wichita, Kan., for plaintiffs.
Thomas R. Powell, City Atty., Ed L. Randels, Asst. City Atty., Wichita, Kan., and Walter V. Siebert, Sherman and Howard, Denver, Colo., for defendant.
The plaintiffs in the present action are present and former police officers of Wichita, Kansas. The plaintiffs contend that the defendant, the City of Wichita, violated the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., by failing to provide compensation for the time spent by the officers during their meal breaks. They contend that the city also violated the FLSA by denying overtime pay to officers completing reports and performing other activities after the end of their shifts.
The parties have now filed opposing summary judgment motions. The plaintiffs have moved for partial summary judgment, seeking a determination that the city's actions violated the FLSA's overtime pay requirements. The plaintiffs would leave for trial the issue of whether the city's alleged violation was willful in nature. If a defendant willfully violates the FLSA, it may be subject to liquidated damages pursuant to 29 U.S.C. § 216, and the applicable statute of limitations is expanded from two years to three years, 29 U.S.C. § 255(a).
The city has also moved for summary judgment. The city contends that the plaintiffs are not entitled to overtime pay under the FLSA, and therefore seeks a determination that it did not violate the act in failing to compensate the plaintiffs for their time spent during meal periods. In addition to the general contention that the FLSA's overtime pay requirements do not apply to the plaintiffs' meal periods, the city presents two additional arguments. First, it argues that any overtime worked less than 15 minutes in length, either during the meal periods or after the completion of a shift, is de minimis and hence not compensable. Second, it argues that even if the plaintiffs were otherwise entitled to the overtime pay at issue, recovery here is barred because the plaintiffs failed to report the work and file appropriate requests for overtime pay. Finally, the defendant seeks summary judgment against the liquidated damages claim of the plaintiffs, and a determination that the two, rather than three, year limitations period is controlling.
Summary judgment is proper, where the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show there is no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). In considering a motion for summary judgment, the court must examine all evidence in a light most favorable to the opposing party. McKenzie v. Mercy Hospital, 854 F.2d 365, 367 (10th Cir.1988). The party moving for summary judgment must demonstrate its entitlement to summary judgment beyond a reasonable doubt. Ellis v. El Paso Natural Gas Co., 754 F.2d 884, 885 (10th Cir.1985). The moving party need not disprove plaintiff's claim; it need only establish that the factual allegations have no legal significance. Dayton Hudson Corp. v. Macerich Real Estate Co., 812 F.2d 1319, 1323 (10th Cir.1987).
In resisting a motion for summary judgment, the opposing party may not rely upon mere allegations or denials contained in its pleadings or briefs. Rather, the nonmoving party must come forward with specific facts showing the presence of a genuine issue of material fact for trial and significant probative evidence supporting the allegation. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 2514, 91 L.Ed.2d 202 (1986). Once the moving party has carried its burden under Rule 56(c), the party opposing summary judgment must do more than simply show there is some metaphysical doubt as to the material facts. "In the language of the Rule, the nonmoving party must come forward with `specific facts showing that there is a genuine issue for trial.'" Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986) (quoting Fed.R. Civ.P. 56(e)) (emphasis in Matsushita). One of the principal purposes of the summary judgment rule is to isolate and dispose of factually unsupported claims or defenses, and the rule should be interpreted in a way that allows it to accomplish this purpose. Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). From the affidavits, depositions, and answers to interrogatories submitted to the court, the following facts may be found not to be uncontroverted.
The plaintiffs are 268 current or former police officers employed by the City of Wichita, Kansas since April 15, 1986. The terms of the officers' employment were established in a series of Memoranda of Agreement reached by the city and the Fraternal Order of Police, Lodge No. 5. These memoranda apply to the period from December 28, 1985 to January 5, 1990.
The Memoranda of Agreement provide that officers who work in excess of 40 hours per week should receive overtime pay at the rate of one and one-half times their regular rate of pay. The memoranda also provide that officers may take, without pay, one 30-minute meal period during their 8½ hour shift.
In addition to general personnel rules and regulations, the officers' activities during the meal period are limited by unwritten, informal rules enforced by the officers' supervisors. It its brief in support of its motion for summary judgment, the defendant contends that the written policy on meal periods introduced on October 16, 1987 supplants any contrary unwritten rules. The defendant provides absolutely no factual support for this assertion. Nor does the defendant deny the existence of unwritten meal period policies in its response to the plaintiffs' motion for summary judgment, or offer any proof that these policies are no longer enforced.
When an officer wishes to take his meal break, he must contact a dispatcher. The officer may not request a meal break during the first two hours of his shift. The dispatcher may grant the request, subject to weather conditions, the availability of other officers on patrol in the "team area" assigned to the officer, and the level of the police call load. If the dispatcher is unable to grant the request, he will attempt to do so at a later time.
The officers are subject to geographical limitations during their meal period. Unless they receive special permission, the officers may not leave their team area while they are on break. Thus, unless their home is within their assigned team area, most police officers must spend their meal period away from home. Traffic safety officers, who patrol the entire city, may go home for their meal break if their home is in the city. Beginning on October 16, 1987, the officers' travel time to the place where they take their meal break is included within the 30 minutes allotted for the break. In addition, the officers have been required since that date to log the beginning and ending time of their meal periods. An officer who leaves his team area on his meal break without obtaining special permission risks disciplinary action.
In addition to the general geographic limitations on where an officer may spend his meal period, there are also several specific limitations. When the officer is on his meal break, he must remain in radio contact or be available by telephone. Thus, officers may not take their meal break in buildings whose structures inhibit the function of their radio and in which telephones are not accessible to the officers to receive emergency calls. For public relations purposes, only two police vehicles are allowed at any one location, and "no more than a few" officers are permitted in the same restaurant. Finally, several specific locations have been declared off limits. Meal periods may not be taken in a tavern, private club, or pool hall. From time to time, specific restaurants have been proscribed.
While the officers are on their meal break, they remain subject to emergency calls. The failure of an officer to respond to an emergency call during his meal period may subject the officer to review and discipline. Officers are also expected to respond to crimes committed in their presence.
Officers are often approached by citizens during the officers' meal break. These citizen-police officer communications may last from five to ten minutes, or longer. The officers are expected to respond to any emergencies reported by a citizen, and must treat citizens respectfully during the meal period. Police officers have been instructed that they must respond to citizens' requests during meal periods, or risk disciplinary action. If an officer ignores citizen requests during his meal period, he may be reprimanded or laid off. Because citizen contact is so frequent, two officers testified that they have attempted to find more isolated areas in which to take their meal break. Practical considerations involving the use and care of their vehicles prevent most officers from carrying a homemade lunch in police vehicles.
While there is no formal policy requiring that officers remain in uniform during their meal period, one officer has testified that officers are informally expected to stay uniformed. Moreover, the limited duration of the meal period, combined with other limitations on the officers' activities, effectively prohibits the changing to civilian dress in all but a few instances. Thus, as a practical matter, most officers are forced to remain in uniform...
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