Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SUNDAY, January 23, 1994                   TAG: 9401230076
SECTION: VIRGINIA                    PAGE: B-7   EDITION: METRO 
SOURCE: Associated Press
DATELINE: WINCHESTER                                LENGTH: Medium

POLICE: NO SUCH THING AS FREE LUNCHTIME

The suit filed Friday in U.S. District Court in Harrisonburg seeks $500,000 in back wages and damages, plus legal costs.

"Paying the police officers their just compensation should be a priority for the city," said Jesse Richardson Jr., the officers' attorney. He said they would prefer to settle the lawsuit out of court.

The officers allege that since January 1991, the police department has required them to work during their half-hour lunch breaks without receiving overtime pay. The suit said the city gave the officers duties during lunch breaks, placed restrictions on where they could go and did not allow them to run personal errands.

"The meal periods of plaintiffs are and have been for the predominant and primary benefit of the city," the suit said.

Failure to pay overtime for hours worked is a violation of the federal Fair Labor Standards Act.

"The city and the police feel that everything has been legal," said Mark Flynn, the city's attorney.

The officers earlier filed a grievance with Police Chief Allen Barley about the problem, but it was denied.

In a Nov. 23 letter to Officer Robert Houston during the grievance process, Barley wrote, "The city independently chose to give police employees more than is required by the [Fair Labor Standards] act by granting accrued annual leave, compensatory time, and holidays as earned time toward the required work week, rather than requiring employees to be physically on the job site before receiving overtime."

The suit seeks $250,000 for alleged unpaid meal periods dating back to January 1991, $250,000 in damages, and payment of legal fees and court costs.