Substitutions, Acting Out Of Rank, and The FLSA

Today’s burning question: Our department allows substitutions, not just within ranks, but one rank up and one rank down. As a result, concerns have arisen about what the FLSA requires when a substituting member acts out of their designated rank. Are substituting members entitled to compensation for acting while subbing?

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Illinois City Sues IAFF Local To Contract Out EMS

An Illinois city seeking to contract-out emergency medical services from its fire department, is suing to enforce an arbitration ruling allowing its plan to move forward. The City of Mattoon filed suit last week in Coles County Circuit Court against Mattoon Firefighters IAFF Local 691.

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NJ City Settles Reverse Discrimination Suit for $450k

A New Jersey city has settled a contentious dispute with a deputy chief that resulted in three separate lawsuits and an investigation by the local prosecutor’s office. The City of Plainfield has agreed to pay Deputy Chief Jeffrey Courtney $450,000 in exchange for his agreement to dismiss two suits he has pending, dismiss a pending workers comp claim, and retire.

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Boston Firefighter Fired Over Online Posts

The Boston firefighter who posted a cartoon image of a muscular Black man carrying the severed head of a white man, has been terminated. Octavius Rowe, a 15 year veteran, was fired on April 30, 2018 following an investigation that began last October

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Spokane Fire Confronts Hazing of Probies

The Spokane Fire Department is reviewing an investigative report into allegations of hazing and bullying of probationary employees at one of their fire stations. The investigation was conducted by the city’s Human Resource department who interviewed 30 members.

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Fired FDNY Probie Sues Over Harassment By Colleagues

An FDNY probie who washed out during his first year, has filed suit alleging he was subjected to an assortment of outrageous conduct by his coworkers. Michael Tronia filed suit last Friday alleging discrimination under federal, state and local law; assault and battery; retaliation; and Constitutional violations.

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Former Wisconsin Fire Chief Prevails in Defamation Suit

A fire chief who was fired in 2016 following allegations that he told a female subordinate that she should resign when their affair ended, has prevailed in a defamation suit against her. Former Waukesha Fire Chief Jesse Alba was initially demoted and then fired after Mary Jo Hoppe accused him of sexual harassment

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Kansas City Firefighter Not Guilty in Spitting Incident

A Kansas City, Missouri firefighter who was accused of spitting on an African American child in a Hooters restaurant in a highly publicized case, has been found not guilty on all charges. Terrence Skeen was originally charged with assault, battery and disorderly conduct following the incident in Overland Park, Kansas.

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Are Kelly Days Supposed to be Paid or Unpaid Days Off

Today’s burning question: Does the FLSA require Kelly days to be paid or unpaid? Answer: The short answer is the FLSA does not require Kelly days to be paid or unpaid. That decision is left entirely up to the employer and employee to decide. As you might imagine different departments choose to handle it differently.

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