Burning Question

First Amendment and Photography Question

Today’s burning question: If the First Amendment gives people the right to film us in public doing our job, doesn’t it also give a firefighter the right to film while on duty? Our chief says we surrender our First Amendment Rights when we are on duty. How can that be?

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Burning Question About Bully Bosses and Insubordination

Today’s burning question: My immediate supervisor recently called me into a conference room and berated me, called me a sandbagger and used numerous expletives (predominantly dropping the "F bomb"). It got so bad, the administrative assistant down the hall heard the berating and walked in because she was concerned about my welfare. As he was in the middle of cussing me I stood up to leave and was told if I left I would face discipline and that I was ordered to sit down or face insubordination charges.

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London Chiefs Under Investigation For Shelter In Place Decision

Today’s burning question: Could London’s fire chief and other senior fire officials be prosecuted over their decision to advise residents of the Grenfell Tower to shelter-in-place? Answer: According to the Telegraph, police officials are investigating whether senior fire officials should be charged in regards to their role in the deaths of residents in Grenfell Tower high rise fire. Seventy-two people died in the fire that engulfed the 23-story building on June 14, 2017.

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Origins of the 7K Firefighter Overtime Exemption

Today’s burning question: I was wondering if you knew the origin of the firefighter exemption from the 40-hour work week? Has there ever been a push to remove that exemption? Answer: The law you are referring to is the Fair Labor Standards Act, and more specifically 29 USC 207k within the act.

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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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Burning Question on Overtime Training

Today’s burning question: I am a newly appointed fire chief, and have some grave concerns about how the city is calculating firefighter overtime. When are you going to have your FLSA class in [my state]? Answer: Unfortunately we can only deliver the FLSA class three times a year, once on the East Coast, once in the Mid-West, and once in the West.

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Chiefs, Deployments, Reimbursements and Overtime

Today’s burning question: If an Assistant Chief who is classified as an exempt executive employee is deployed on a 2-week wildland or USAR deployment that is fully reimbursable through FEMA or the state, can the fire department only pay the assistant chief his regular weekly salary?

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Volunteers, Day Time Help and the FLSA

Today’s burning question: Our volunteer fire department is struggling to get enough help weekdays. We are thinking about paying some of our folks to be available during these hours. Can we pay our folks $4/hour to be available? Answer: Volunteer fire departments have to be very careful when it comes to compensating their personnel in any way.

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Are Battalion Chiefs Subject to The Highly Compensated Employee Exemption

Today's burning question: I am a city manager and I just read about an exception in the Fair Labor Standards Act that exempts anyone making over $100,000 per year from eligibility for overtime. Do our Battalion Chiefs and perhaps even our company officers meet the criteria to fall under this exemption? Answer: Your line officers probably do not but your staff officers may.

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Burning Question: Are you staying or leaving

Today’s burning question: Can a senior officer ask a firefighter his/her intentions on whether they plan to stay or leave the department? Would this qualify as harassment or discrimination? Answer: There is no law that prohibits an officer from asking a firefighter about his/her future plans. There is nothing inherently harassing nor discriminatory in the question itself. However...

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Can Substitutions Impact Exempt Executive Status

Today’s burning question: If a battalion chief who is classified as an exempt executive is allowed to trade time with captains or lieutenants that are "non-exempt", would that have any bearing on whether the battalion chief qualifies as exempt or not? Answer: There are two tests to determine whether an employee is an exempt executive: the salary test and the primary duty test. An employee must satisfy both tests in order to be exempt and ineligible for overtime under the FLSA.

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Burning Question: FLSA, Overtime and Consecutive Hours

Today’s burning question: I work for a small department that relies heavily on overtime to fill shifts to meet minimum staffing levels. I heard there is a limit to how many consecutive hours a firefighter can work. The number 48 has been used and rumor has it that it is an FLSA issue. Is there a limit to the hours that a firefighter can work?

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Certifications, Qualifications, and Mutual Aid

Today’s burning question: I am a fire chief. A neighboring volunteer fire department announced its new slate of officers for 2018.   In this department the current fire chief either stays in office or names his own successor. In this case ...

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The Status of Criminal Background Checks

Today’s burning question: Can a fire department legally conduct a criminal background check on applicants? I thought background checks were illegal now in most states except for law enforcement positions. Answer: While the laws pertaining to criminal background checks have ...

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