Muscoda Local No. Ct The Supreme Court has since indicated that even work performed while off duty can qualify as work and may entitle an employee to compensation under the FLSA. See Steiner v. Mitchell, U. City of Cincinnati, F. In Chao v. Tradesmen International, Inc. City of Memphis, F. Specifically, KRS section Neither party has presented any Kentucky cases applying this statute to the present issue - whether an employee is entitled to compensation for off-duty attendance at AA meetings or psychiatric evaluations.
In the absence of such authority, Kentucky courts have looked to federal cases interpreting the FLSA for guidance. See, e.
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Fire Serv. Accordingly, the Court will apply federal law principals to both the state and federal law claims. See Brock, F. Dade County v. However, the facts of Alvarez are distinguishable from this case. In Alvarez, the Eleventh Circuit emphasized that while the officers were instructed to do whatever was necessary to maintain their physical fitness levels, they were not directed to undertake any specific off-duty work out routines or training.
They were simply required to remain in good enough shape to perform their job functions and pass a physical fitness exam. In remaining physically fit, they had complete discretion in deciding on the method, location and amount of off-duty training necessary. While Todd was permitted to select a psychiatrist and choose which AA meetings to attend, unlike Alvarez, he was required to attend a specific number of counseling and AA sessions. Todd was not permitted to exercise any significant discretion in maintaining his sobriety.
In addition, he was required to provide documentation to prove his attendance at the AA meetings and psychiatric evaluations. In this case, it was not enough for Todd to maintain his sobriety and thereby remain fit for duty. LFUCG argues that these sessions were not primarily for its benefit because Todd acknowledges that treatment has improved his life by allowing him to achieve and maintain his sobriety. Finally, LFUCG claims that because Todd was able to select his own psychiatrist and the specific AA meetings that best addressed his circumstances, the sessions were primarily for his benefit.
In Sehie v. Sehie v.
Aurora, F. These counseling sessions stemmed from a fitness for duty evaluation that was performed after Sehie was involved in an incident at work.
However, the facts of Sehie are clearly distinguishable from the instant case. In this case, Todd was permitted to attend sessions with the psychiatrist of his choosing and was able to attend the AA meetings that best met his needs. In this case, Todd apparently bore the costs of his various treatments. The final significant distinction is that in Sehie, the counseling sessions were required because of an incident that occurred at work.
The sessions sought to enable Sehie to manage her emotional problems which had become an issue at work, properly respond to calls and remain on the job in a position that was short staffed. None of these facts are present in the instant case. Furthermore, the counseling sessions were not designed to improve his on-duty performance, but to keep him at its existing level in the face of the reasonable threat that his substance abuse problems might make him unfit for duty and endanger himself or the public. As discussed above, there is also no indication that LFUCG received any significant benefit from keeping Todd on-duty.
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