Selectman Albert Eubanks alleged at Tuesday night’s McComb board meeting that city officials are breaking federal labor laws.
He said the city is in violation of the Fair Labor Standards Act, which governs such things as minimum wage and overtime pay.
Eubanks’ specific concern was in the recreation department, where he said, under city policy, employees were only offered compensatory time for working overtime, rather than having the option of getting overtime pay.
Overtime pay is specifically authorized for police, fire and public works department employees. Eubanks asked for a change in policy to allow it for recreation employees as well.
“That’s the job of the city administrator,” Mayor Whitney Rawlings replied. “You (the board) have given him the power to set that. This needs to come from the city administrator as a recommendation.”
Eubanks reiterated his belief that the current practice violates federal law.
“I believe those employees should be able to choose,” he said. “How can we say these workers get overtime, and these workers don’t? ... Is this what’s happening?”
Eubanks said he would offer a motion to change policy to allow for overtime for recreation employees, but Selectman Donovan Hill warned the move would be futile.
“That won’t fly,” Hill said. “We’ll just split, and (Rawlings) will vote against it.”
Eubanks said he still wanted a vote on the matter to put the mayor’s position on the record, but he did not offer the motion.
City Administrator Kelvin Butler said recreation employees sign a form on which “they are given the option for comp time.” Eubanks pressed Butler on whether that meant those employees can receive overtime pay instead of comp time, and Butler said it did not.
“All city workers that aren’t salaried ought to get time-and-a-half for working overtime,” Eubanks said. “We shouldn’t have separate policies for different groups of employees. We’re all supposed to be on the same team.”
Donjurea Davis, the city’s director of administration, made copies of the policy in question and passed them out to the board members. She said, and board attorney Wayne Dowdy confirmed, the city does operate under the FLSA, and she said parts of the policy quote the FLSA.
She said under the law, the city can offer comp time rather than overtime.
Rawlings said Butler will examine the policy and report on overtime pay at a future meeting.
