FLSA

The US Department of Labor has announced changes to the executive, administrative and professional employees exemption, and more specifically - increases to the minimum salary that must be paid to white collar employees to qualify under these exemptions. These changes have been expected, although the specific minimum salary and dates of implementation were subject to some speculation.

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The City of Wilmington has agreed to settle an FLSA overtime suit brought last year by six current and former battalion chiefs for $459,695.36. The chiefs claim they were improperly classified as exempt executives.

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The fire chief of Salcha Fire & Rescue, Inc., has filed suit in US District Court for the District of Alaska seeking compensation for overtime worked since 2021. Chief Darrell VandeWeg claims that his duties as fire chief do not qualify him for any of the white-collar exemptions that normally would apply to fire chiefs.

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In this episode of Fire Law Roundup for January 15, 2024, Brad and Curt discuss an FLSA Overtime and retaliation suit out of Phoenix; an appellate ruling on the appropriate calculation of the death benefit of Missouri volunteer firefighters; an ...

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A captain with the Phoenix Fire Department has filed suit in federal court alleging he was improperly denied 7.25 hours of overtime and then retaliated against for seeking the extra compensation. Captain David Johnson filed suit naming the city and five chief officers for violating FLSA and retaliating against him.

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Twenty-six fire inspectors for FDNY have filed suit in federal court claiming the city failed to pay them overtime compensation in accordance with the Fair Labor Standards Act. The inspectors claim they routinely work in excess of their regularly-scheduled forty hours per week, are not compensated for those extra hours unless they are pre-approved.

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Two Brookline fire lieutenants have filed a class action lawsuit claiming the town failed to pay them overtime as required by the Fair Labor Standards Act. Lieutenants Brian Bergeron and Paul Trahon filed suit in US District Court for the District of Massachusetts on behalf of 150 similarly situated firefighters.

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The president of Lancaster Professional Firefighters, IAFF Local 319 has filed a class action lawsuit claiming that the city has failed to include longevity pay in the regular rate for purposes of calculating overtime compensation. Geoff L. Stone is seeking to recover damages for the unpaid, improperly calculated overtime compensation.

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A South Carolina fire chief who resigned two weeks ago, is now facing a state police investigation into his claiming $42,000 worth of overtime since July of 2022. David Watson resigned as fire chief for the Town of Wagener on October 19, 2023 after being confronted with the allegations by Mayor Michael Miller and Mayor Pro Tem George Smith.

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A Topeka, Kansas fire captain has filed suit alleging race and disability discrimination; retaliation; and a violation of the Family Medical Leave Act. Captain Brently Dorsey claims he was passed over for numerous promotions, denied the opportunity for reassignment to positions for which he was eligible for and was ultimately forced to take an early retirement in 2022.

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A former deputy chief for a fire district in Florida has filed suit claiming he was not paid overtime in accordance with the Fair Labor Standards Act. Brian C. Dubrasky filed suit against the Upper Captiva Fire Protection & Rescue District.

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The City of Tulsa has agreed to settle an overtime lawsuit with over 500 current and former Tulsa firefighters for $1,060,000. The suit was filed in January, 2022 by thirteen Tulsa firefighters alleging the city was not properly paying overtime.

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An FLSA lawsuit filed by ten battalion chiefs with the Alexandria Fire Department has come to a rather surprising conclusion. The US District Court for the Eastern District of Virginia granted summary judgment to the city based upon a rarely used exemption for fire officers: the highly compensated employee exemption.

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A Florida fire chief who resigned last December as part of a mass resignation, has filed suit against the fire district under the Fair Labor Standard Act claiming he was improperly designated as an exempt executive. Chief Jason Martin claims the Upper Captiva Fire Protection & Rescue Services District owes him overtime for all the hours he worked beyond 53 hours per week.

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