YORKTOWN, N.Y. – Jason Swart and Justin Foley, officers in Yorktown Police Department’s K-9 Unit , have sued the Town of Yorktown for additional overtime incurred while caring for their police dogs.
The officers are seeking time and a half for three years of unpaid overtime they say they are due under the Fair Labor Standards Act of 1938 because of “time spent caring for, exercising, training, maintaining, and ... cleaning up after their police dogs in said time period,” reads the case that was filed on Jan. 4.
The summons was issued to Yorktown on Jan. 11 and accepted by Town Clerk Alice Roker. It is filed in the U.S. District Court for the Southern District of New York.
Swart and Foley are not asking for a specific reimbursement. According to the summons, the employment and work records are controlled by the town, and the officers cannot “precisely state the exact amounts owing to them.”
“I have not familiarized myself with it enough to comment on it. It just came in,” said Town Supervisor Michael Grace. “Hopefully it will go away, sooner than later.”
The town must respond to the summons by Feb. 2.