The Kentucky Court of Appeals has ruled in favor of the Louisville/Jefferson County Metro Government in a case concerning compensation for on-call hours worked by members of the SWAT Team. The decision affects current and former officers who claimed they were entitled to pay for time spent on-call, which they argued violated state wage laws and their collective bargaining agreement. This ruling is significant as it clarifies how on-call time is compensated under Kentucky law.
The case, titled Louisville/Jefferson County Metro Government v. Eric S. Culver, was filed under docket number 2024-CA-1208. It involved two groups of SWAT officers: the first group, known as SWAT1, included six current and former members who had their claims tried before a jury, while the second group, SWAT2, consisted of 53 other officers whose claims were not yet tried. Both groups sought compensation for time spent on-call, asserting that they were entitled to wages under Kentucky’s wage and hour laws and the collective bargaining agreement with their employer.
The dispute began when the SWAT officers filed their complaint in March 2016, alleging violations of wage laws and contract law. The trial court initially ruled in favor of Metro after a jury found that the officers were not entitled to compensation for their on-call time. Following a mistrial, a second trial took place in July 2022, which also resulted in a verdict for Metro. After a series of motions and appeals, the Court of Appeals ultimately affirmed the trial court's decisions.
In its ruling, the court stated, "None of the parties were entitled to summary judgment," and that the trial court did not commit error regarding jury instructions or the admission of evidence. The court emphasized that the determination of whether the officers were working while on-call depended on specific circumstances, including the nature of their duties and restrictions while on-call. Judge L. Jones, along with judges Caldwell and McNeill, presided over the case.
The court’s decision means that the SWAT officers will not receive compensation for their on-call hours, as the court found that their time was not considered work under Kentucky law. The ruling clarifies that on-call time is only compensable if the employee is so restricted that they cannot effectively use their time for personal pursuits. The court noted that the officers were allowed to pursue secondary employment and could swap on-call shifts, indicating they were not severely restricted.
This ruling may set a precedent for future cases involving on-call compensation in Kentucky. It underscores the importance of the specific circumstances surrounding on-call duties and how they relate to wage claims. The decision affects not only the SWAT officers involved in this case but could also influence other public employees who work in similar on-call capacities.
Looking ahead, it is unclear whether the SWAT officers will appeal this ruling to a higher court. The court has affirmed the trial court's decisions, which means that the current ruling stands. There may also be related cases pending involving other members of the SWAT team or similar claims from public employees regarding on-call compensation.