Statement on FLSA Compliance and Deputy Meal Breaks

On May 28, 2025, I submitted a public records request to the Johnston County Sheriff’s Office asking for information related to the Fair Labor Standards Act (FLSA). That request specifically asked for records covering:

On-call practices

• Meal breaks and whether Deputies are completely relieved of duty

• Use of duty equipment during breaks

• How breaks are monitored, enforced, and recorded

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The response from the Sheriff’s attorney acknowledged that the Sheriff has adopted the Johnston County FLSA policy, but stated: “There are no other records responsive to your request.”

That answer was troubling. Providing a copy of the County’s policy does not address the specific questions raised:

• How are Deputies’ meal breaks actually monitored?

• Are they truly relieved of duty, or required to remain in uniform and on the radio?

• What records show compliance with FLSA meal break requirements?

  
  

To ensure there was no misunderstanding, on September 5, 2025, I submitted a follow-up request specifically asking for clarification on the monitoring and enforcement of Deputy meal breaks under FLSA. Again, no records were produced beyond the policy itself.

The FLSA standard is clear. Federal regulations (29 C.F.R. § 785.19) state:

“The employee must be completely relieved from duty for the purposes of eating regular meals… The employee is not relieved if he is required to perform any duties, whether active or inactive, while eating.”

The U.S. Department of Labor further explains:

“Meal periods (typically 30 minutes or more) generally need not be compensated as work time as long as the employee is completely relieved from duty. The employee is not relieved if required to perform any duties, whether active or inactive, while eating.” (DOL Fact Sheet #22)

Yet here in Johnston County, Deputies working 12-hour shifts have one full hour automatically deducted from their pay for a “meal break.” In reality, they remain in uniform, keep their radios on, and are expected to respond if called. They are not “completely relieved of duty” — which means under FLSA, that time must be paid.

Why This Practice Exists

This automatic deduction isn’t just about lunch — it’s about overtime.

• Under the FLSA “7(k) exemption” for law enforcement, overtime begins after 171 hours worked in a 28-day cycle.

• Deputies scheduled for 12-hour shifts × 14 shifts = 168 hours. That puts them just 3 hours away from overtime.

• By deducting 1 hour each shift, the schedule drops to 154 hours, moving deputies 17 hours away from overtime.

  
  

In short: instead of earning time-and-a-half after 3 hours, deputies must now work 17 extra hours before overtime kicks in.

This is not an accident. It’s a deliberate practice that saves the administration money — but it takes money directly out of deputies’ paychecks and out of their families’ pockets.

The Consequences

• Deputies’ paychecks are reduced unfairly.

• Their families lose financial support they depend on.

• Morale and retention suffer when the time and sacrifice of Deputies are not respected.

  
  

The Sheriff’s Office says it adopted the County’s FLSA policy. Yet without records, monitoring, or enforcement, the policy is meaningless.

I want to take a moment to thank every Deputy who continues to serve despite these challenges. They sacrifice not only for the safety of this county, but also at great cost to their families.

The solution is straightforward: Follow the law. An hour’s work must be an hour’s pay.

No one in Johnston County should be asked to work for free — especially not the men and women we trust with our safety.

With gratitude,

Randy Ackley

Candidate for Johnston County Sheriff