Kristi Sandoval
February, 2010
Payroll
Last July, the League sent a membership alert about the City Controller’s implementation of the Fair Labor Standards Act (FLSA) module into the City’s payroll system on July 1, 2009. I followed up with an article in the August Blue Line. Apparently, over the holidays, several people had payroll problems because they used T/O time and didn’t turn in the slips, so I want to remind everyone about the payroll system currently in use.
Up to July ’09, regardless of how your time was recorded, you were paid for 80 hours per pay period (160 hours per DP), unless there was a timekeeping adjustment indicating something different. The system was referred to as “exception timekeeping,” and you got paid unless there was a verified exception to your salary.
Effective DP6 of last year, the Controller’s Office instituted a positive timekeeping system. That means if your work hours, days off, vacation days, T/Os, etc. are not accurately reported to Fiscal Operations Division (FOD) — via the Deployment Planning System (DPS) and Online Overtime System (OLOTS) — to account for all 160 hours per DP, your paycheck will be adversely affected.
Timekeeping is a bit technical and convoluted to explain, but DPS documents attendance and keeps your official time, while OLOTS records overtime and your CTO bank. Both systems need to match for your time and paycheck to be accurate. Therefore, if you take a T/O, but a T/O deduct slip is not submitted and processed, the amount of your paycheck will be short until the deduct slip is received and the correction forwarded to FOD. This seems to be the most common scenario for our members who have had problems.
Another scenario, albeit less common, is changing days off. If you change your days off and the change isn’t correctly documented in DPS, causing you to show more or less than 160 hours per DP, your paycheck could have unwarranted overtime or be short.
No matter what the situation, you need to make sure you that you clearly document any changes or modifications to your posted days off, including turning in the T/O slips, with your supervisor or watch commander and timekeeper to avoid any problems with your paycheck. Prior to this system, your paychecks weren’t affected because the errors were corrected after the fact by your timekeepers and FOD. Unfortunately, positive timekeeping doesn’t have the luxury of fixing the bookkeeping after you’ve been paid — it needs to be correct first.
The new system puts more responsibility on supervisors, watch commanders and timekeepers to report your time accurately, but keep in mind that the first line of defense in making sure your paycheck is correct is to be diligent about documenting and verifying your time, especially when you know there have been adjustments.
2010 Picnic Rescheduled
Well, the “Spring Fling” has been flung. The annual LAPPL picnic, originally planned for Saturday, March 20, has to be rescheduled. Apparently, the Los Angeles Dodgers organization has taken over the L.A. Marathon, which is scheduled to be March 21. The problem is that now, the marathon expo, which is historically the day before the marathon at the L.A. Convention Center, is being moved to Dodger Stadium. That’s March 20 — therein lies the rub! That being said, the picnic committee is looking at alternative dates, so be on the lookout for that announcement in the near future.
Beware of Facebook
For so many, the social networking websites are a way of life now. I don’t know anyone who isn’t registered on MySpace, Facebook or Twitter. Geez — even the LAPPL uses Twitter to keep people up to date in real time about blog postings and member information (tweet to @LAPPL or, if you are not yet registered, sign up at http://twitter.com/lappl). And one day we may use Facebook, but not until the issue of copyright is settled.
The following article is a reprint (with their permission, of course) from the National Fraternal Order of Police’s April 2009 version of The Journal. Secretary Patrick Yoes clearly identifies the concern they have with Facebook’s Terms of Use policy and the assertion of rights to any image or content posted. Not only does that concern organizations with registered trademarks who use social networking websites, but anyone who posts photos or personal content should be aware of the issue. If nothing else, read the fine print so you know what you’re getting into.
I hope 2010 is off to a great start for everyone. If you have any questions or concerns I can help you with, contact me at Kristisandoval@lappl.org.
FOP Trademarks Prohibited on Facebook, MySpace
by Patrick Yoes, National Secretary, Fraternal Order of Police
Social networking websites such as Facebook, MySpace and Twitter have become increasingly popular across all age groups as an easy way to interact with family, friends, co-workers and organizational members. The value of such a networking option is not lost on FOP members and lodges seeking ways to communicate more efficiently with like-minded members. But doing so causes serious trademark ownership concerns for the FOP.
For the uninitiated, Facebook and other sites work like this: Information can be posted on one’s Facebook, etc. “page” that updates everyone on a designated list of “friends” as to the individual’s mood, latest news on their personal and professional life — pretty much anything that person wants everyone to know about their life at any given moment.
Likewise, organizations and clubs are finding that these sites are an easy way to keep members informed about various aspects of that group — activities, news, action alerts, special causes, requests for donations all can be posted on an organization’s page. The organizations typically have an “opt-in” requirement for that page — potential members are told to elect to be a part of a “members-only” type group.
Not surprisingly, FOP members have seen these sites as a great way to keep members informed of lodge activities and have created FOP lodge “groups” for their particular lodge membership. With such a growing popularity and easy accessibility, the question becomes whether or not these social networking sites are an appropriate forum for discussing FOP issues. This is an issue to be answered by members of local lodges, but the protection of the FOP trademarks is every member’s responsibility.
While I appreciate members displaying their pride and recognize the value of using these services in communicating with our members, the Terms of Use issued by Facebook cause great concern to the protection of our federally registered marks. Under its Terms of Use policy, Facebook asserts almost unlimited rights to any images or content posted on your page. Because the FOP star emblem and the names FOP and Fraternal Order of Police are federally registered marks, Facebook’s Terms of Use policy jeopardizes the FOP’s rights to these marks and our ability to protect them. Furthermore, Facebook’s Terms of Use state that it will hold the members responsible for posting these items, which suggests any challenges to Facebook’s claimed rights to unrestrictive use of our trademarks will be diverted to the members posting the items.
For similar reasons, we must also request that you not post the FOP star emblem to your MySpace and Twitter pages. However, because MySpace and Twitter do not assert the unlimited rights that Facebook currently claims, it is acceptable to use the name Fraternal Order of Police on these websites. Such use must be limited to personally identifying yourself as a member of the FOP. You may not use the Fraternal Order of Police name on these websites (1) to promote a commercial venture, (2) to endorse a product or service or (3) in any manner that is inappropriate or detrimental to the FOP’s reputation. If you desire to use the Fraternal Order of Police name or logo on a different website, please consult the current policy addressing the use of FOP names and logos on websites, and contact the Grand Lodge with any questions.
There are some indications that Facebook intends to modify its Terms of Use due to backlash from users over this very issue. However, the terms appearing on the main page have yet to be changed. Even if there is a change, Facebook maintains the right to amend the terms at any time and without notice.
Legal counsel advises us that the application of a website’s Terms of Service related to trademark rights is an emerging legal issue which will likely be decided by court action. As the FOP is not interested in fighting this type of costly court battle, we have adopted the policies addressed in this article to prevent potential problems. Should the issue be resolved in any way that will satisfactorily address our concerns, we will re-examine our prohibition accordingly.
Until such time, I ask your cooperation in removing the FOP star emblem from social networking websites, and to limit the use of the Fraternal Order of Police name as described above. I suggest you use an appropriate royalty-free clip art of a police badge in place of the star emblem.
