NUTLEY POLICEMEN'S BENEVOLENT ASSOCIATION LOCAL # 33,
ET AL. VS. TOWNSHIP OF NUTLEY, ET AL.
A-3730-09T2
The Fair Labor Standards Act, 29 U.S.C.S. §§ 201-219,
requires a public employer to allow an employee awarded
compensatory time off in lieu of overtime pay "to use such time
within a reasonable period after making [a] request if the use
of the compensatory time does not unduly disrupt the operations
of the public agency." 29 U.S.C.S. § 207(o)(5). This appeal
required us to consider whether an employer who denies
permission to use compensatory time on the date requested but
permits use within the "reasonable period" defined in its
agreement with its employees must also show that a grant would
"unduly disrupt" operations. 29 C.F.R. § 553.25(c)(2), (d). We
concluded that the employer need not do so and affirmed 4-01-11
