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| 5. Penal Code
§ 600 (a) - felony to inflict serious injury on police dog; misdemeanor for non-serious injury (b) - misdemeanor to interfere with or obstruct police dog. (c/d) - penalty enhancements for related serious injuries to dog or another. (e) - mandatory restitution for veterinary bills, animal replacement and salary of handler for down time. FLSA Issues 1. Reich v. N.Y.C.T.A. (2nd Cir. 1995) 45 F.3d 646 - Officer not entitled to compensation for transportation of canine to and from work. 2. Imada v. City of Hercules, (9th Cir. 1998) 138 F3d 1294 - Officers not entitled to compensation for travel to and from mandatory training sessions. 3. Levering v. District of Columbia (D.D.C. 1994) 869 F.Supp. 24 - Officer entitled to compensation for off-duty care, feeding and grooming of canine. (Slim evidence of 30 min./day.) [Baker v. Stone Co., MO. (W.D.Mo. 1999), 41 F.Supp.2d 965 - uncontested 5 ½ hours per week permitted.] 4. Rudolph v. Metro Airport Comm'n. (8th Cir. 1996) 103 F3d 677 - Officers' agreement to 1/2 hour daily compensation was binding despite subsequent claims of 2-3 hours/day extra K-9 duties. 5. Holzapfel v. Town of Newburgh, NY, (2nd Cir. 1998) 145 F3d 516 - Reasonableness" standard for time required or controlled by employer as integral part of job (love & devotion to dog beyond required care not compensable); Unauthorized and unapproved training not compensable, Work it out in negotiations! |
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