Civil Suit

Mass Town Challenges Open Meetings Violation

The Town of Southampton, Massachusetts, embroiled in a wrongful termination lawsuit by former deputy chief, is challenging an attorney general’s office determination that it violated the state’s open meetings law. The violation allegedly occurred when the town’s Selectmen met in executive session to "indirectly affect the employment status" of then Deputy Chief Kyle Miltimore.

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Florida Court Finds No Gender Discrimination In Promotional Process

A Florida deputy chief who was passed over for promotion to fire chief has lost a sex discrimination suit that claimed the position was awarded to a less qualified male. Deputy Chief Shari Hall claimed that Marion County’s decision to promote another deputy chief was discriminatory because she was far more qualified.

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Vancouver Facing $22.5 Million Suit Over Closure Of Night Club For Fire Code Violations

The owners of a Vancouver nightclub are suing the city, its fire chief, and 4 others for $22.5 million claiming they conspired to put it out of business because it catered to Black and Hispanic communities. Adrian Kallimanis and Jose Parra, owners of the now closed Q Nightclub and Lounge, claim racial prejudice led to pretexts, including fire code violations, to put the club out of business.

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NJ Chief Claims Termination Was Political Retaliation

A New Jersey fire chief whose position was eliminated and then refilled by his deputy chief has filed suit in US District Court alleging it was blatant political retaliation. Westampton Township fire chief Jason Carty was fired after the position he held, Fire Chief/Director of Emergency Services, was eliminated through a political slight-of-hand.

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Indiana Homeowner Sues Fire Department Over Volunteer Arson

The owner of a mobile home in Perry Township that was set on fire last year by a volunteer firefighter with a history of setting fires has filed suit against the fire department, the fire chief and the arsonist. Duane Connaughton filed suit against the Perry Township Volunteer Fire Department over a fire that occurred on September 6, 2016.

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Does The FLSA Always Trump The CBA?

Today’s Burning Question: Can a collective bargaining agreement trump the FLSA? I heard the FLSA trumps everything, including a CBA. Answer: While the FLSA certainly can trump CBAs, that is not always the case. The best perspective is to consider the FLSA to be the floor below - which an employer cannot go.

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Mass Deputy Chief Sues Town and Fire Chief

A Massachusetts deputy chief has filed suit against a town, its fire chief and the entire board of selectmen claiming they retaliated against him after he brought to light problems with the oversight of EMS drugs and refused to lie for the chief.

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SC Firefighters Sue for Overtime After 40 Hours Per Week

Four former firefighters from the City of York, South Carolina are suing for $1.3 million in unpaid overtime under a rather novel theory. The men filed separate suits on March 22nd, 2017 claiming they are entitled to overtime for all hours worked over 40 each week based on the city’s personnel manual.

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