Maricopa County, Arizona Fails to Pay Patrol Lieutenants Proper Overtime Wages, Class Action Alleges

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An Arizona patrol lieutenant has filed a proposed class action against Maricopa County over its alleged failure to pay similarly situated lieutenants proper overtime wages.

According to the nine-page case, the county has violated federal wage and hour laws by failing to pay employees who work more than 40 hours per week proper overtime compensation. The plaintiff, who has worked for the Maricopa County Sherriff’s Office (MCSO) since 2007 and was promoted to lieutenant in 2022, claims he is not paid time and a half for the two to nine hours of overtime he typically works each week.

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The case explains that as part of the patrol division, the plaintiff’s primary duty is to provide law enforcement in the county, which involves investigating crimes, apprehending suspects and, in general, monitoring the police radio for patrol activity and reporting as the first responder to all high-level patrol calls.

Although the plaintiff spends most of his time performing law enforcement duties that are “non-exempt in nature,” the county classifies patrol lieutenants as exempt from receiving overtime wages and pays them a salary, the suit contends.

“Plaintiff’s ‘salary’ as a Patrol Lieutenant is paid on an hourly basis with the requirement that Plaintiff accounts for at least 80 hours every two weeks regardless of the amount of hours he actually works,” the complaint says.

Per the suit, the county has failed to recognize that, according to the Fair Labor Standards Act, the plaintiff is a non-exempt employee entitled to overtime pay because his primary duty is law enforcement. According to the case, the plaintiff’s supervisory or administrative role is “limited” because his captain ultimately makes decisions concerning management and operations of the patrol division.

Even after the plaintiff complained to his supervisor and human resources that he was not being paid for overtime work despite essentially performing the same job duties he performed as a non-exempt sergeant before being promoted, the county refused to correct his pay, stating that patrol lieutenants are exempt from overtime, the suit says.

The lawsuit seeks to represent all current and former lieutenants who have been employed by Maricopa County in the patrol division within the last three years.

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