FLSA

KCMO Facing Another EMS FLSA Suit

Kansas City, Missouri is facing another fire department related FLSA lawsuit over the way it pays its EMS personnel. The class action lawsuit claims that despite losing EMS related FLSA lawsuits in 2014 and 2015 that cost the city $3.5 million, it continues to miscalculate overtime for its EMS personnel.

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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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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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Lexington Settles OT Dispute for $17.7 Million

Lexington-Fayette Urban County Government has agreed to settle a long-standing overtime dispute with its firefighters for a reported $17.7 million. The case was originally filed in November, 2005 in Fayette Circuit Court by firefighters who claimed the county miscalculated their overtime compensation.

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Fire Law Podcast Episode 15: FLSA and the Regular Rate

In this episode, Curt and Bill Maccarone continue their discussion about overtime issues in the fire service with an overview of "regular rate". Regular rate refers to the amount of hourly compensation that must be multiplied by 1.5 to determine the overtime rate. While that may seem simple, its application is anything but.

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Fire Law Podcast Episode 13: Intro to the FLSA

In this episode, Curt and Bill Maccarone provide an overview of the Fair Labor Standards Act. No other law impacts fire department operations nor costs local governments more than the FLSA. Since 1985 when the US Supreme Court decided Garcia ...

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Why Volunteers Need to Understand The FLSA

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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