Burning Question

Today’s burning question: Do volunteer fire departments have to worry about the FLSA? Answer: The FLSA has the potential to impact a wide range of fire departments in the United States. That includes many if not most volunteer departments.

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Today’s burning question: Are there any cases where a fire department has been held liable because personnel used rope rescue hardware that was appropriate for the task, but did not meet NFPA 1983? Answer: Great question - I have not seen a single case where a fire department was sued (let alone held liable) because they used non-NFPA compliant tech rescue hardware. However, safety concerns should not be driven solely by liability concerns.

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Today’s burning question: We recently purchased harnesses and bailout kits for all of our members. What is the best way to word the SOG to protect the department liability-wise in the event members refuse to wear the kit? Answer: Great question. First of all, you really have two separate questions and despite your concerns about liability, neither of them are liability questions.

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Today’s burning question: I just saw that the 4th Circuit struck down a police department’s social media policy based on the First Amendment. I live in Nevada, which is part of the 9th Circuit. Will that ruling be binding here? Answer: Boy, there sure is a lot of interest in that 4th Circuit case. I have received over 25 emails and social media contacts TODAY ALONE.

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Today’s burning question: What legal responsibility does a volunteer fire chief have for things that happen at the firehouse when the chief has left and gone home?  If things like drinking on station property (which is already prohibited), minors being ...

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Today’s burning question: I was recently hired as a firefighter and my department requires me to get my paramedic license within my first year. The department gives me time off to attend classes when I am scheduled to work but ...

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Today’s burning question: FF A agrees to trade a shift with FF B. FF B substitutes for FF A, but when it comes time for FF A to work for FF B, FF A calls in sick. Who should get charged for the sick day and does FF A’s absence impact FF B’s eligibility for FLSA overtime during that work period? Answer: #FLSAheadache

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Today’s burning question: Does a fire department have to factor in an item such as a clothing allowance when determining a firefighter’s hourly wage for overtime calculations? Answer: Under certain circumstances some or all of a clothing allowance may be considered compensation and thus includable in calculating the employee’s “regular rate”.

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Today’s burning question: Is there an exception for firefighters who are registered sex offenders who have to respond to prohibited locations such as schools? Answer: The more important question is why is a registered sex offender allowed to be a firefighter? An Oak Grove Thatch firefighter has been arrested for violating registered sex offender restrictions.

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Today’s burning question: Do we have to provide separate sleeping quarters and bathroom facilities for male and female employees? Answer: While there are no requirements that fire departments provide separate facilities for men and women, providing separate facilities is a wise move that can head off a host of headaches down the road.

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Today’s burning question: Many of our policies have a boilerplate statement saying that “company officers shall enforce this policy” and the “failure to follow this policy will result in disciplinary action.” Is this language really necessary? Answer: While there is nothing inherently wrong with such language… I am not a fan of it. It implies that your members are not inclined to follow the rules unless threatened…

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Today’s burning question: Does a fire department have to pay overtime to a part-time firefighter who works more than 212 hours in a 28-day period? Answer: Yes. The FLSA does not distinguish between full-time and part-time employees. Any non-exempt employee ...

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Today’s burning question: Do fire departments that provide exclusive EMS services in their jurisdictions violate federal antitrust laws by creating an illegal monopoly? Answer: That is the one of the primary allegations in a federal lawsuit filed last week by a California ambulance provider against Huntington Beach.

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Today’s burning question: Is a fire department secretary entitled to comp time? Admittedly she is a fire department employee, but she is a civilian employee of the city. Answer: First of all, no one is “entitled” to comp time, not even firefighters. The FLSA permits public employers to allow employees to accrue and use comp time.

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