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Brock v City of Cincinnati

United States Court of Appeals for the Sixth Circuit

236 F. 3d 793

Published/Precedential

January 19, 2001

 

INITIAL CLAIM:

 

Negotiated rate of 17 minutes per day, seven days a week for at-home canine care was unreasonable.

 

COURT’S RULINGS, FINDINGS AND COMMENTS:

 

  • The court accepted that one hour a day as overtime on work days and one-and-a-half hour per day on non-work days is appropriate compensable time for at-home canine care.

 

  • However, the canine handlers had entered into a collective bargaining agreement with the city. This agreement was to pay the officers straight-time compensation for 17 minutes per day, seven days a week.

 

  • The court concluded that this agreement was reasonable. Nothing disclosed in the record indicates that Cincinnati must have known that 17 minutes per day of compensatory time far under-approximated the actual amount of FLSA work performed by the handlers.

 

Moreover, nothing indicates that the non-monetary support the city provided in the form of a take-home car, provided dog food, veterinary care, a kennel, travel to competitions, and on-duty training days failed to compensate the handlers reasonably for any deficiency the 17 minutes of straight time in the agreement may have left.

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