FLSA

Federal Court Blocks Enforcement of New FLSA Overtime Rules

A federal judge in Texas has issued a preliminary injunction against the implementation of new overtime rules for exempt white-collar employees that were set to take effect on December 1, 2016. What the ruling means to fire departments really depends on the department. For most fire departments, the ruling...

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21 States Challenge New White Collar Overtime Rule

Twenty-one states are challenging new overtime rules that increase the minimum salary requirements for exempt “white collar” employees under the FLSA. The rules are set to increase the minimum salary that an employee who is exempt from receiving overtime must be paid from $455 per week to $913 per week.

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FLSA Facts for Firefighters- Early Reliefs and Overtime

Today’s burning question: I regularly get to work 45 minutes before my normal shift and relieve a member. Does the FLSA require the department to compensate me for that extra time? Answer: The FLSA mandates that employees be paid for all hours worked. However, provided the early relief meets the requirements of 29 CFR §553.225, compensation is not required

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FDNY EMS Officers File FLSA Class Action

Five FDNY EMS officers have filed suit against the city alleging they were wrongly denied compensation for pre- and post-shift meetings, in violation of the Fair Labor Standards Act. The suit alleges that the officers were required to be present for 15 to 30 minutes per shift to exchange of information with other officers at shift changes.

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FLSA Subbing Followup

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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FLSA Facts for Firefighters: Clothing Allowance

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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FLSA, Overtime and Staff Personnel

Today’s burning question: We have several firefighters and fire officers that work a 40-hour week. These folks are assigned to logistics, training, inspections, etc., and do not receive overtime until after 86 hours per two weeks. Can you shed some light on the rules for 40-hour staff firefighters? Answer: Your question raises a number of complex issues and by no means are the answers simple.

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FLSA and Per Diem Employees

Today’s burning question: Does the FLSA’s 7k Exemption apply to per diem firefighters? It would seem an employer could load up per diem employees and thereby manipulate hours to avoid overtime liability. Answer: You raise a good point about manipulation, but the FLSA makes no distinction between full-time, part-time, or per diem firefighters.

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Former Tennessee Firefighter Sues Under FLSA

A Tennessee firefighter who resigned earlier this month has filed a class action lawsuit under the FLSA claiming he and his colleagues were being improperly compensated. Seth Stafford filed suit against the City of Mt. Juliet last week alleging the city “failed to pay its employee firefighters for all time worked, including failing to pay such employees the overtime wages they are owed under the law.”

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Part-Time Firefighter Overtime

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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Comp Time For Civilian Fire Department Employees

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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Compensation for EMS Training

Today’s burning question: Do fire departments/EMS organizations have to pay personnel for the time spent attending training for EMT and paramedic while off-duty? Answer: There are several important issues that arise including what is the agreement between the parties, are the employees public employees, and does the training fit into an exception under the FLSA.

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Settlement Announced in California FLSA Overtime Suit

The Southern Marin Fire Protection District has settled an overtime compensation lawsuit filed earlier this year by forty-four firefighters. The firefighters sued in February claiming the district incorrectly calculated their regular rate, which is the rate that is to be used to determine the overtime rate.

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