AL City Settles Unpaid Overtime Lawsuit with Two Former City K9 Officers

The City of Gulf Shores has reached a court approved settlement with two former police officers following their November 2025 lawsuit that contained allegations the city failed to properly compensate the officers for off-the-clock work related to the care and maintenance of their assigned K9s. Former officers Shawn Andrews and Stacy McElroy filed the complaint in the U.S. District Court for the Southern District of Alabama on November 3, 2025.

According to the officers’ complaint, both officers were assigned to the Police Department’s K-9 Unit and were responsible for the care and maintenance of their four-legged work partners. The complaint stated that this care occurred primarily off duty at the officers’ homes, where the dogs lived full time. The plaintiffs alleged that they were required to:

• Feed and water the dogs,
• Exercise them,
• Bathe and groom them,
• Administer medication when needed, and
• Clean and maintain the dogs’ kennels and play areas.

The officers claimed they spent approximately 60 minutes per day engaged in the above activities while “off duty.” The city provided the officers a 5% increase in base pay as an incentive to serve as K9 officers and an additional $46 per week to help offset the costs associated with the care of the work dogs. However, according to the officers these incentives failed to properly compensate them for their extensive amount of time spent engaged in the care and maintenance of the K9s.

In the end, the city and the officers agreed to settle the dispute for a total of $65,360.86. Plaintiff Andrews received a total of $35,077.62 [$17,538.81 in back wages and an equal amount in liquidated damages], while plaintiff McElroy received a total of $23,283.24 [$11,641.62 in back wages and an equal amount in liquidated damages]. The attorneys that represented the two were allocated $7,000 in attorneys’ fees and court costs.

The FLSA requires that non-exempt [overtime eligible] employees are paid for all hours worked. Generally speaking, most law enforcement employees are entitled to overtime pay when they work beyond the maximum hours for the workweek or work period adopted by the employer. This includes time spent “on duty” when the officers are engaged in formal duties and work performed outside of scheduled shifts if it is required by the employer and primarily for the employer’s benefit.

Federal courts have generally held that many of these activities can count as compensable work time when they are required by the department, performed under departmental standards, or necessary for the continued use of the K-9 as a law-enforcement tool. It is imperative that professionals that manage any employees that are required to care for work K9s (both law enforcement and arson investigation) are familiar with the FLSA and the many wage and hour rules that are only available to public agency employers.

Here is a copy of the officers complaint and the settlement documents.