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LEAHY v. CITY OF CHICAGO

January 28, 1992

DANIEL F. LEAHY, et al., Plaintiffs,
v.
CITY OF CHICAGO, a Municipal Corporation, Defendant.


MAROVICH


The opinion of the court was delivered by: GEORGE M. MAROVICH

Judge George M. Marovich

MEMORANDUM OPINION AND ORDER

 In this matter Chicago police officers ("Officers") seek overtime pay for their meal breaks pursuant to the Fair Labor Standards Act ("FLSA"), 29 U.S.C. ยง 200 - 219. *fn1" The City of Chicago ("City") has moved pursuant to Fed. R. Civ. P. ("Rule") 12(c) for judgment on the pleadings contending that as a matter of law the Officers are not entitled to overtime pay. For the reasons set forth below, we grant the City's motion and dismiss this matter with prejudice.

 BACKGROUND

 The Officers are past and present members of the Chicago Police Department assigned to the patrol and traffic divisions. The Officers are assigned to eight and one-half hour shifts. One-half hour of each shift is allotted to an unpaid meal break. The Officers filed suit charging that the City's failure to compensate them for their meal breaks violates the FLSA. *fn2" The Officers claim their meal breaks should be compensable under the FLSA because they are not completely relieved of their duties during their meal breaks. Specifically, the Officers claim they are restricted during their meal breaks in the following ways:

 a. Officers are required to remain within the district and/or sector of assignment unless prior permission to leave such area is granted by a supervisor.

 b. Officers are required to carry their service weapons and remain in full uniform, if on uniform duty, and are required to adhere to all regulations concerning conduct while in uniform, such regulations include requirements that police officer employees assigned to uniform duty wear their uniform hat at all times while outdoors.

 c. Officers must report their meal location to the dispatcher and are required during their meal period, upon request, to terminate such meal period to respond to calls for police assistance, to answer questions, and to follow instructions from the dispatcher or superior officers.

 d. Officers must report their meal location to the dispatcher and are required during their meal period, upon request, to terminate such meal period to respond to calls for police assistance, to answer questions, and to follow instructions from the dispatcher or superior officers.

 e. Officers assigned to a two person unit are to take their meal period with both officers taking such period at the same time and location.

 f. Meal periods may not be taken during the last hour of a shift assignment.

 g. Police officer employees are required to refrain from conduct deemed by the department to be unbecoming of a police officer while on duty. Such conduct has, on occasion, been defined to include playing golf, reading nondepartment publications, resting or napping, or other conduct deemed by the Department to be inappropriate or tending to reflect poorly upon the uniform.

 h. Officers must refrain from the consumption of alcoholic beverages.

 i. Officers must respond to requests for assistance or information from members of the public.

 j. Officers must refrain from congregating, which is defined that no more than two officers may be present in the same ...


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