This transcript is automatically generated
-- to follow -- -- to a story that we've brought you yesterday the Chicago police sergeant claims that he was pressured to -- work related calls and emails.
When he was off duty he thinks he should get paid overtime for using -- Blackberry so now.
While he's suing to get reimbursed joining us now is the lawyer is representing that sergeant.
-- -- Paul welcome to the show -- you know I think there's several initial reaction is that someone would have this sort of story eight.
-- this is a public servant what does he complaining about -- Heck of digging get paid for -- everybody in America can -- -- fort.
Well that's actually not true.
This is a case to enforce federal labor law specifically the fair labor standards act.
And it doesn't apply to people like me to lawyers to executives.
To sales personnel.
Probably two most of your reporting personnel or do you we've -- It does not apply it applies more to -- to the blue collar workers it does apply to the police evicted has for many many years.
And it says that they need to be be paid overtime for hours worked.
So if if if if your client witness a crime while he was off duty any any any -- and broken up.
Wouldn't look to the -- -- that you guys owe me money because I broke up robbery on my day off.
Yes absolutely and give an extra -- Absolutely and that has happened.
-- getting injured in the in the course of that performance standards as the united breaks it up you know I think you know -- -- -- -- -- -- running -- -- -- -- -- anyway.
He's not injured but he does this on as they -- he can actually get reimbursed for that time.
Sure because he has to make a police report and yes the process nearest absolutely and he should be paid for his time.
All right well I gotta tell you know we talk a lot about the red ink in this country and and and and and the abuse of the system.
Is this are you talking to use that you use the term blue collar but it was that really euphemism.
For union workers is this some sort of privilege that.
That did try to carve out now and that -- trying to help -- and I know you like this would be class level -- -- -- It is a class level lawsuit right now OK yeah I would like it to be it is -- -- it is this about union workers absolutely not some of these neo.
There are many many millions of workers that the F analysts say applies to some of them are unionized summer not in -- certainly makes that makes that difference.
I'm here just saying sir I've got a lot of friends and law enforcement -- mcdonalds here and I've got family members of the fire department there's saying hey wait a second.
You know why -- these cops just this -- your of their client why doesn't just answers -- is emailing and this phone messages.
Touring work hours wind isn't just sit and so you know what I need to have that time during the work hours to do that and maybe not take so many -- says cops often do.
Lives that's a great question but what you have to understand in this case is these officers and specifically in my client.
Are given a Blackberry by the police department this is not -- officers Blackberry that he can turn off.
He's told you need to have this son you need to monitor this device.
The employers device it's not -- He can't turn it off if this problem be you wanna remedy the problem all the city of Chicago has to do is say.
Turn the Blackberry off at the end of the work -- or put the Blackberry in the desk drawer and leave it there -- your next tour of duty tomorrow.
But they don't do that they want the workers to work for free.
And that's a problem.
Again no point -- -- it's that the problem though the rub here is that you know you you called them public servants.
If they they take an oath to do certain things in the put their lives on the line certainly.
How much time hesitate to answer -- email on -- Blackberry and why is that the why's this so discouraging for your for your climate for anyone else.
Who knows that you know when they take this job is gonna put it in the restraint on their work time and their free time.
Well there it's not just answering one email if if that's the case if an officer just gets one.
Email or text any given day and there's no foam calls off duty.
They wouldn't need to be paid overtime because it would be what the law calls the -- -- yes.
But these these search elite officers working on search warrants working on wiretaps they -- having discussions.
With various imperious with their subordinates.
Talk about whether they're gonna do tomorrow planning they can't say no to these discussions -- these planning session.
This is work.
And they are hourly wage earners and they have to be paid.
Paul obviously we are gonna follow this it's an extra it's a very interesting story.
And then there's been many elements to it -- a Chicago being a place that it's completely flat broke the -- to killing themselves in the streets and we hope that this doesn't.
Did you know hang up paying the place up if liquidate its -- Nat -- the city OK we'll leave -- there isn't any -- what we'll we'll definitely have you back we wanna follow up next level appreciate your time this morning.
Thank you -- any time.