LSA-R.S. 33:2213
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West's Louisiana Statutes Annotated Currentness
Louisiana Revised Statutes
Title 33. Municipalities and Parishes (Refs & Annos)
Chapter 4. Fire and Police Departments (Refs & Annos)
Part III. Police Department (Refs & Annos)
Subpart B. Minimum Wages and Maximum Hours (Refs & Annos)
§ 2213. Maximum hours; overtime or compensatory time; exceptions for certain cities
A. The maximum hours of work required of any full-time paid patrolman, patrolman first class, sergeant, lieutenant, or
captain, or any other employee of the police department, except those employed in a position, grade or class above that
of captain, in any municipality affected by this Subpart, shall be forty hours in any one calendar week. In cases of
emergency, any employee may be required to work in excess of the maximum. For each hour so worked the employee
shall be paid at the rate of one and one-half times his usual salary, to be determined by reducing his monthly salary to
an hourly scale.
B. (1) Notwithstanding any other provisions of law to the contrary, the city of Bossier City, the city of New Iberia, and
the city of Abbeville, in order to maximize police protection, may establish a work shift cycle as provided in Subsection C of this Section, and the city of Lafayette may establish a work shift cycle as provided in Subsection F of this
Section, both of which require any full-time paid patrolman, patrolman first class, corporal, sergeant, lieutenant,
captain, or any other employee of the police department, except those employed in a position, grade, or class above
that of captain whose scheduled hours of work are set according to rotating shifts, to work more than forty hours in one
calendar week.
(2) Each employee subject to the provisions of this Section shall be paid at the rate of one and one-half times his usual
salary for all overtime hours worked during a shift cycle.
(3)(a) The total hours worked by each such employee during an entire work shift cycle shall be divided by the number
of weeks in the shift cycle to determine the average number of hours worked per week.
(b) The overtime hours worked by each such employee during a shift cycle shall be the number of hours by which the
average number of hours worked per week exceeds forty multiplied by the number of weeks in the shift cycle.
C. The Bossier City Police Department, the New Iberia Police Department, and the Abbeville Police Department shall
work a two-week cycle, thirty-six hours the first week and forty-eight hours the second week. During the first week,
the officers shall work Sunday, be off Monday and Tuesday, and work Wednesday and Thursday. During the second
week, they shall work Monday and Tuesday, be off Wednesday and Thursday, and work Friday and Saturday.
D. The Baton Rouge Police Department is authorized to work up to, but not more than, seven twelve hour shifts in a
fourteen day work cycle.
E. Notwithstanding any other provisions of law to the contrary, the city of Bastrop in order to maximize police protection, may establish a twenty-eight day work shift cycle which requires any full time paid patrolman, patrolman first
class, corporal, sergeant, lieutenant, or captain, or any other employee of the police department, except those employed in a position, grade, or class above that of captain, whose scheduled hours of work are set according to rotating
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LSA-R.S. 33:2213
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shifts, to work more than forty hours in one calendar week. Each employee subject to the provisions of this Subsection
shall be compensated for overtime hours by receiving eight hours of compensatory time for each twenty-eight day
cycle worked.
F. Notwithstanding any other provision of law to the contrary, the city of Lafayette may establish a work period not to
exceed twenty-eight days for police department employees provided they are compensated at the rate of one and
one-half times their regular rate of pay, or credited with compensatory time on a one and one-half time basis, for all
hours in the work period that exceed an average of forty hours per week. Hours worked by an employee as a voluntary
substitute for another employee shall be in compliance with the provisions of the federal Fair Labor Standards Act, as
amended.
G. (1) Notwithstanding any other provisions of law to the contrary, the city of Baker, in order to maximize police
protection, may establish a work shift cycle as provided herein which requires any full-time paid patrolman, patrolman
first class, sergeant, lieutenant, captain, major, or any other employee of the police department, except those employed
in a position, grade, or class above that of major, whose scheduled hours of work are set according to rotating shifts, to
work more than forty hours in one calendar week.
(2) Each employee subject to the provisions of this Subsection shall be paid at the rate of one and one-half times his
usual salary for all overtime hours worked during a shift cycle or credited with compensatory time on a one and
one-half basis for all hours in the work period that exceed an average of forty hours per week.
(3)(a) The total hours worked by each such employee during an entire work shift cycle shall be divided by the number
of weeks in the shift cycle to determine the average number of hours worked per week.
(b) The overtime hours worked by each such employee during a shift cycle shall be the number of hours by which the
average number of hours worked per week exceeds forty multiplied by the number of weeks in the shift cycle.
(4) The Baker Police Department is authorized to work a two-week cycle, twelve hours a day, sixty hours the first
week and twenty-four hours the second week. During the first week the officers may work Monday, Tuesday, Friday,
Saturday, and Sunday and during the second week work Wednesday and Thursday.
H. (1) Any municipality subject to the provisions of this Subpart, to maximize police protection, may establish and
implement a fourteen-day shift cycle for all full-time paid patrolmen, patrolmen first class, sergeants, lieutenants,
captains, or any other employees of the police department except those in a position, grade, or class above that of
captain which may require such officers to work Monday, Tuesday, Friday, Saturday, and Sunday of the first week of
the cycle, and Wednesday and Thursday of the second week of the cycle. The workday shall consist of twelve hours on
the above specified days. Such officers shall be paid overtime at one and one-half times their usual salary when the
number of hours worked during the two-week cycle exceeds eighty hours or shall be credited with compensatory time
on a one and one-half basis for all hours in said cycle that exceed eighty hours.
(2) The provisions of Subsection A of this Section and the provisions of this Subsection shall not apply to a municipality with a population of fewer than twelve thousand seven hundred persons according to the most recent federal
decennial census.
I. Except for the city of Baton Rouge, the provisions of this Section shall not apply to any employee of a municipality
with a population greater than two hundred thousand, according to the latest federal decennial census, employed in a
position, grade, or class above that of lieutenant.
J. The provisions of this Section shall not apply to any employee of the city of Shreveport employed in a position,
grade, or class above that of lieutenant.
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LSA-R.S. 33:2213
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K. Notwithstanding any other provision of law to the contrary, including Subsection A hereof, the city of Houma may
establish and implement twelve-hour work shift cycles for all paid patrolmen, patrolmen first class, sergeants, lieutenants, captains, or any other employees of the police department except those in a position, grade, or class above that
of captain. Such officers and employees shall be paid overtime at the rate of one and one-half times their usual salary
when the number of hours worked during the two-week work cycle exceeds eighty hours or shall be credited with
compensatory time on a one and one-half basis for all hours in said cycle that exceed eighty hours.
L. Notwithstanding any other provision of law to the contrary, including Subsection A hereof, the city of Alexandria
may establish and implement twelve-hour work shift cycles for police dispatchers of the Alexandria police department. Such dispatchers shall be paid overtime at the rate of one and one-half times their usual salary when the number
of hours worked during the two-week cycle exceeds eighty hours or shall be credited with compensatory time on a one
and one-half basis for all hours in said cycle that exceed eighty hours.
M. Notwithstanding any other provision of law to the contrary, including Subsection A hereof, the city of Monroe may
establish and implement twelve-hour work shift cycles for police dispatchers of the Monroe police department. Such
dispatchers shall be paid overtime at the rate of one and one-half times their usual salary when the number of hours
worked during the two-week cycle exceeds eighty hours or shall be credited with compensatory time on a one and
one-half basis for all hours in said cycles that exceed eighty hours.
N. Notwithstanding any other provision of law to the contrary, including Subsection A hereof, the city of Alexandria
may establish and implement a fourteen-day shift cycle for any full-time paid patrolmen, patrolmen first class, sergeants, lieutenants, captains, or any other employees of the police department except those in a position, grade, or class
above that of captain which shall require such officers to begin work shifts on Monday, Tuesday, Friday, Saturday,
and Sunday of the first week of the cycle, and Wednesday and Thursday of the second week of the cycle. The workday
shall consist of a twelve-hour shift on each of the specified days for those employees assigned to such shifts. Such
officers shall be paid overtime at the rate of one and one-half times their usual salary when the number of hours
worked during the two-week cycle exceeds eighty hours or shall be credited with compensatory time on a one and
one-half basis for all hours in said cycles that exceed eighty hours.
O. Notwithstanding any other provision of law to the contrary, the city of Kenner may establish a work period not to
exceed fourteen days for police department employees provided they are compensated at the rate of one and one-half
times their regular rate of pay, or credited with compensatory time on a one and one-half time basis, for all hours in the
work period that exceed an average of forty hours per week. Hours worked by an employee as a voluntary substitute
for another employee shall be in compliance with the provisions of the federal Fair Labor Standards Act, as amended.
CREDIT(S)
Amended by Acts 1976, No. 669, § 1; Acts 1984, No. 253, § 1, eff. June 30, 1984; Acts 1985, No. 227, § 1, eff. July 6,
1985; Acts 1985, No. 605, § 1, eff. July 13, 1985; Acts 1985, No. 934, § 1; Acts 1985, No. 986, § 1; Acts 1986, No.
139, § 1; Acts 1986, No. 928, § 1, eff. July 10, 1986; Acts 1987, No. 513, § 1, eff. July 9, 1987; Acts 1987, No. 763, §
1; Acts 1988, No. 566, § 1; Acts 1988, No. 582, § 1; Acts 1991, No. 168, § 1; Acts 1991, No. 183, § 1; Acts 1991, No.
196, § 1; Acts 1991, No. 219, § 1; Acts 1995, No. 371, § 1; Acts 2001, No. 793, § 1, eff. June 26, 2001; Acts 2010, No.
946, § 2, eff. July 2, 2010.
HISTORICAL AND STATUTORY NOTES
2002 Main Volume
Source:
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LSA-R.S. 33:2213
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Acts 1948, No. 101, § 4.
Acts 1984, No. 253, § 1 enacted R.S. 33:2213.1, which was redesignated as subsecs. B and C of this section pursuant
to the statutory revision authority of the Louisiana State Law Institute.
Pursuant to the statutory revision authority of the Louisiana State Law Institute, “; Cities of Lafayette and Alexandria;
overtime” was added to the section heading; and the paragraphs and subparagraphs were designated in subsec. B of
this section as contained in Acts 1984, No. 253.
Pursuant to the statutory revision authority of the Louisiana State Law Institute, in the section heading of this section
as amended by Acts 1985, No. 227, § 1, “and” was deleted following “Alexandria,”, and “and Bastrop” was inserted.
Acts 1985, No. 605, § 1, eff. July 13, 1985, enacted R.S. 33:2213.1, which was redesignated as a subsec. D of this
section pursuant to the statutory revision authority of the Louisiana State Law Institute.
Pursuant to the statutory revision authority of the Louisiana State Law Institute, the text of subsec. D as added by Acts
1985, No. 227, § 1 and the text of subsec. D as added by Acts 1985, No. 605, § 1 were both set forth.
Pursuant to the statutory revision authority of the Louisiana State Law Institute, in subsec. C of this section as
amended by Acts 1985, No. 934, § 1, commas were inserted in the second and third sentences, following “week”.
Pursuant to the statutory revision authority of the Louisiana State Law Institute, subsec. D, as added by Acts 1985, No.
986, § 1, was redesignated as subsec. E.
Pursuant to the statutory revision authority of the Louisiana State Law Institute, the section heading as provided by
Acts 1985, No. 227, § 1, with the insertion of “Bossier City, New Iberia,” was set out, and read: “Maximum hours;
cities of Lafayette; Bossier City; New Iberia; Alexandria; Baton Rouge and Bastrop; overtime”.
Acts 1986, Nos. 139 and 928, § 1 both amend R.S. 33:2213. Pursuant to the statutory revision authority of the Louisiana State Law Review, the text of R.S. 33:2213 as amended by Acts 1986, No. 139, § 1 was printed.
On the same authority, in the text amended by Acts 1986, No. 139, in the section heading, “, Bastrop, and Lafayette;
overtime” was substituted for “and Bastrop; overtime”; and in par. (B)(1), “requires” was changed to “require”.
Pursuant to the statutory revision authority of the Louisiana State Law Institute, subsec. G as added by Acts 1987, No.
763, § 1, was redesignated as subsec. H.
Acts 1988, No. 566, § 1, which amended subsec. D, also deleted “or compensatory time” from the section head,
whereas Acts 1988, No. 582, § 1 retained “or compensatory time” in the section heading. Pursuant to the statutory
revision authority of the Louisiana State Law Institute, “or compensatory time” was retained in the section heading.
Senate Concurrent Resolution No. 131 of the 1988 Regular Session provides:
“WHEREAS, the Legislature of Louisiana did, by Act No. 605 of the 1985 Regular Session adopt the provisions of
R.S. 33:2213(D), originally designated in said Act No. 605 as R.S. 33:2213.1, same being redesignated as R.S.
33:2213(D) pursuant to the statutory revision authority of the Louisiana State Law Institute, said Act No. 605 being
effective July 6, 1985; and
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LSA-R.S. 33:2213
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“WHEREAS, in the same regular session the Legislature of Louisiana did adopt Act No. 227 adding Subsection D to
R.S. 33:2213, said act having an effective date of July 13, 1985; and
“WHEREAS, both Act No. 227 and Act No. 605 of the 1985 Regular Session of the Legislature deal with the same
general subject matter.
“THEREFORE, BE IT RESOLVED that the Legislature of Louisiana hereby suspends the provisions of Act No. 605
of the 1985 Regular Session relative to work schedules for certain law enforcement employees of the city of Baton
Rouge to become effective July 1, 1988 and to extend through June 30, 1989.”
Acts 1991, No. 168, § 1, Acts 1991, No. 183, § 1, Acts 1991, No. 196, § 1, and Acts 1991, No. 219, § 1 all enacted
subsec. J. Pursuant to the statutory revision authority of the Louisiana State Law Institute, subsecs. J as enacted by
Acts 183, 196, and 219 were redesignated as subsecs. K, L, and M, respectively.
Pursuant to the statutory revision authority of the Louisiana State Law Institute, in this section as amended in 1991, the
section heading was rewritten to eliminate mention of numerous specific municipalities.
LAW REVIEW AND JOURNAL COMMENTARIES
Developments in the law, 1982-1983: Local government law. Kenneth M. Murchison, 44 La.L.Rev. 373 (1983).
Writing requirements and authentic act in Louisiana law. 35 La.L.Rev. 764 (1975).
LIBRARY REFERENCES
2002 Main Volume
Municipal Corporations
189(1).
Officers and Public Employees
94, 99.
Westlaw Topic Nos. 268, 283.
C.J.S. Municipal Corporations §§ 492 to 495, 497.
C.J.S. Officers and Public Employees §§ 99, 219, 222 to 228, 237.
RESEARCH REFERENCES
2010 Electronic Update
ALR Library
105 ALR 259, Matters Pertaining to Police Department as Within Exclusive Control of Municipalities Under
Home-Rule Charters.
NOTES OF DECISIONS
Construction with other statutes 2
Full time employment 7
Home rule municipalities 3
Overtime compensation 6
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LSA-R.S. 33:2213
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Parishes 4
Prescription 8
Time spent giving testimony 5
Validity 1
1. Validity
This section could not constitutionally apply to the City of Baton Rouge, under the home rule charter and plan of
government, as this section involved the “structure” and “organization” of East Baton Rouge Parish and the City of
Baton Rouge. Tull v. City of Baton Rouge, App. 1 Cir.1980, 385 So.2d 343, writ denied 392 So.2d 663. Municipal
Corporations
65
2. Construction with other statutes
Under R.S. 33:2212.1, which by its own provisions purported only to relate to minimum salaries for employees of
police departments of smaller cities between 7,000 to 12,000 population and which had no language suggesting that
the provisions of statute which dealt with maximum hours of work in larger cities be extended to the smaller cities,
employees of police departments of smaller cities were not entitled to the benefit of the maximum hour provisions of
this section relating to larger cities. Legros v. Conner, App. 3 Cir.1968, 212 So.2d 177. Municipal Corporations
186(5)
3. Home rule municipalities
Const. Art. 6, § 14, which expressly reserved to the state plenary and/or police power to legislate minimum wages,
working conditions and retirement benefits for municipal policemen, was applicable even to home rule cities, and thus
home rule city's refusal to pay overtime to police officers as required by this section was inconsistent with Const. Art.
6, § 14 and was an ultra vires act. Ruby v. City of Shreveport, App. 2 Cir.1983, 427 So.2d 1267, writ denied 433 So.2d
154. Municipal Corporations
64
Amendment of this section by Acts 1976, No. 669, § 1 had no express nor implied bearing on this section's applicability to home rule charter of Parish of East Baton Rouge. Tull v. City of Baton Rouge, App. 1 Cir.1980, 385 So.2d
343, writ denied 392 So.2d 663. Counties
21.5
Despite grant of home rule, City of Shreveport was without authority to regulate overtime pay for policemen to exclusion of state law requiring time-and-a-half overtime pay for policemen who worked more than 48 hours per week.
Bradford v. City of Shreveport, Sup.1974, 305 So.2d 487. Municipal Corporations
78
Where Const. 1921, Art. 14, § 37 (see, now, Const. Art. 6, § 4) authorizing adoption of home rule charter of city of
Shreveport did not reserve all matters of structure and organization to the city, the city of Shreveport did not have
exclusive authority to establish the minimum salaries of its policemen and this section pertaining to payment of
overtime for policemen was applicable to city of Shreveport. Bradford v. City of Shreveport, App. 2 Cir.1972, 266
So.2d 254, writ refused 263 La. 364, 268 So.2d 256. Municipal Corporations
67(5)
4. Parishes
Inapplicability of this section to Parish of East Baton Rouge, by virtue of grant of power to the local government under
Const. Art. 6, § 4, did not constitute abridgement of state's police power. Tull v. City of Baton Rouge, App. 1 Cir.1980,
385 So.2d 343, writ denied 392 So.2d 663. Municipal Corporations
176(3.1)
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LSA-R.S. 33:2213
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5. Time spent giving testimony
R.S. 15:255 requiring witness fee to be paid to off duty police officer for time spent testifying in court in criminal or
juvenile case and this section providing overtime pay for policeman at rate of one and one-half times usual salary for
all overtime hours worked are mutually exclusive, so that officer is entitled to either overtime or witness fee for every
off duty appearance as witness, but not both. Jones v. City of Lafayette, App. 3 Cir.1989, 539 So.2d 672, writ denied
541 So.2d 840. Municipal Corporations
186(2)
Time spent by police officers in attending city court to testify concerning violations or charges filed by them were
hours spent in work within meaning of Acts 1940, No. 101, § 4 (see, now, this section). Op.Atty.Gen., 1948-50, p. 331.
6. Overtime compensation
Overtime wage provisions of Louisiana statute applied to city police officers, though city's home rule charter incorporated civil service system pay plan for officers; home rule charter had to yield to state's plenary power to legislate
minimum wages for municipal police officers. Cranford v. City of Slidell, E.D.La.1998, 25 F.Supp.2d 727. Municipal
Corporations
67(5)
Municipality had to pay overtime wages to its police officers in accordance with overtime wage provisions of Louisiana law, rather than in accordance with the Fair Labor Standards Act (FLSA), where state law was more generous
than the FLSA both in terms of establishing lower threshold for payment of overtime wages and in terms of providing
longer statute of limitations on actions to recover overtime pay; because state law was more generous, it was not
preempted by the FLSA. Cranford v. City of Slidell, E.D.La.1998, 25 F.Supp.2d 727. Labor And Employment
2222; States
18.46
City policemen were entitled to have their overtime pay computed not only on the basis of their city salary but also
with the inclusion of the extra compensation paid them by the state under this section and R.S. 33:2218.2. Latino v.
City of Bogalusa, App. 1 Cir.1974, 295 So.2d 560. Municipal Corporations
186(5)
A police officer's overtime pay is computed on his regular salary plus his state supplemental pay. Op.Atty.Gen., No.
05-0006, February 18, 2005.
Law enforcement officers are required to work 171 hours in the 28 day period before obtaining overtime.
Op.Atty.Gen., No. 92-769, March 22, 1993.
Off-duty police officers paid overtime wages for court appearances are not additionally entitled to state-mandated
witness fees. Op.Atty.Gen., No. 92-98, June 9, 1992.
Police officer's regular salary must be combined with state supplemental pay to arrive at salary figure upon which
overtime compensation must be based. Op.Atty.Gen., No. 91-169, July 17, 1991.
State supplemental pay should be figured in the hourly wage for overtime purposes for firemen and policemen.
Op.Atty.Gen., May 23, 1974.
7. Full time employment
Individual who works 40 or more hours per week is considered “full-time employee” for purposes of labor laws.
Op.Atty.Gen., No. 91-417, Oct. 18, 1991.
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LSA-R.S. 33:2213
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8. Prescription
Where policemen learned of this section requiring time-and-a-half overtime pay for policemen who work more than
48 hours per week only weeks before bringing suit for back pay, and satisfaction of overtime claims would not upset
orderly fiscal processes of city, policemen were not estopped by laches from recovering portion of back pay not otherwise barred by one-year period of prescription. Bradford v. City of Shreveport, Sup.1974, 305 So.2d 487. Municipal
Corporations
186(6)
One-year prescription of actions by “constables” for fees and emoluments which are due to them in their official
capacity barred claims by policemen for back pay which arose more than one year before date of suit. Bradford v. City
of Shreveport, Sup.1974, 305 So.2d 487. Sheriffs And Constables
74
LSA-R.S. 33:2213, LA R.S. 33:2213
Current through the 2010 Regular Session
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