Maverick County Sheriff’s Department investigated by U.S. Department of Labor for violating Fair Labor Standards Act
By: Jose G. Landa, Copyright 2014, Eagle Pass Business Journal, Inc.
The Maverick County Sheriff’s Department is under investigation by the United States Department of Labor for allegedly violating the Fair Labor Standards Act (FLSA) for not paying overtime compensation to dispatchers, deputies, and/or staff.
As first reported by the Eagle Pass Business Journal, at a February 13, 2014 Maverick County Commissioners Court meeting, Maverick County Sheriff Tom Schmerber and a female dispatcher employee advised Commissioners Court that dispatchers were working 32 to 48 overtime hours per pay period (every two weeks) without being paid for these hours because the Sheriff’s Department budget did not have sufficient funds to pay them overtime.
In addition to the dispatchers not being compensated for overtime hours, Maverick County Sheriff Deputies also reported working overtime hours without compensation due to budget constraints but had not publicly complained due to their loyalty to Sheriff Tom Schmerber and their fear of losing their jobs.
Representatives of the U.S. Department of Labor have been visiting Maverick County to meet with Sheriff Tom Schmerber and County Officials regarding the Maverick County Sheriff’s Department alleged violations of the FSLA, which requires cities and counties to pay time and a half for any overtime hours worked by their employees.
It is unknown if any other Maverick County Department or employees other than the Sheriff’s Department have not been paid time and a half for any overtime hours.
It is also unknown how many Maverick County Sheriff’s Department employees have not been paid time and a half for any overtime hours worked.
In the event that the U.S. Department of Labor finds that the Maverick County Sheriff’s Department violated the FLSA, it may cost Maverick County taxpayers thousands of dollars to pay for any overtime compensation, penalties, and fees. The U.S. Department of Labor may also sue Maverick County in federal district court if an amicable resolution of the issue is not reached.
At the February 13, 2014 Maverick County Commissioners Court meeting, Sheriff Tom Schmerber advised Commissioners that due to a tight budget the Sheriff’s Department was unable to pay their dispatchers overtime compensation. The female dispatcher employee advised Commissioners that Maverick County Sheriff’s Department Dispatchers were working overtime due to a shortage of certified dispatchers within the Sheriff’s Department and their fear of losing their jobs and the need to support their families.
Maverick County Chief Deputy, Rick Fuentes, advised Commissioners Court at the February 13, 2014 meeting that Texas law now requires dispatchers to become certified and undergo six months training at an approved dispatcher academy.
UPDATE: In an exclusive interview with the Eagle Pass Business Journal on July 22, 2014, Sheriff Tom Schmerber highlighted the Sheriff’s Department dispatcher and deputies overtime pay situation was caused by Maverick County Commissioners Court budget cutbacks stemming from June 28, 2012 when Commissioners Court approved a 10 % salary reduction of all County salaried employees and elected officials to balance the County budget. On July 9, 2012, then Sheriff Tomas S. Herrera requested Commissioners Court to reverse their June 28th decision restoring Sheriff Department employees to a full 40 hours a week schedule due to security concerns caused by the work week reduction to 35 hours and 10% salary reduction, which Commissioners Court approved to rescind its previous June 28th decision. However, Sheriff Department employees were not allowed to be compensated for any overtime hours greater than 40 hours per week.
Sheriff Schmerber wanted to advise the community that the overtime pay investigation by the U.S. Department of Labor was caused prior to his taking office due to Commissioners Court budget decisions since 2012.
Sheriff Schmerber pointed out that he was the one who brought to the attention to Commissioners Court on February 13, 2014 the plight of his Sheriff’s Department Dispatchers having to work 32 to 48 hours per pay period without overtime compensation or compensatory time. Schmerber noted that Commissioners Court approved at the February 13th meeting his Agenda item request to provide Dispatchers with compensatory time for any overtime work done.
Sheriff Schmerber added that he is requesting Commissioners Court to provide overtime compensation for his Deputies in the new fiscal year 2014-2015 budget to be approved during September 2014.
Sheriff Schmerber stated that he is working diligently to comply with all laws and provide fair compensation for all his Sheriff’s Department Dispatchers, Deputies, and staff while working within the budgetary constraints of Maverick County’s budget approved by Commissioners Court.
