FLSA

A lawsuit filed by a retired Pennsylvania deputy chief seeking compensation for overtime hours, has resulted in a judgment in favor of the city. Gary Mogel claimed the City of Reading improperly classified him as an exempt “white-collar” executive.

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In this episode, Bill Maccarone and Curt discuss last week's headlines, including an FLSA lawsuit out of Tulsa, OK; the settlement of a race discrimination suit out of Everett, WA; the dismissal of the federal claims against Miami-Dade Fire Rescue over an EMS run; a Massachusetts Civil Service ruling overturning the termination of a deputy chief, but demoting him to firefighter; and the filing of a COVID-related wrongful death suit against an Oregon fire department.

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The settlement of an overtime lawsuit brought by three battalion chiefs with the Coronado Fire Department, has been approved by the US District Court for the Southern District of California. The suit was filed last April by BC Perry Peake as a class action alleging the city improperly classified BCs as exempt executives.

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Four Florida firefighters have filed suit claiming their department required them to attend job-related training and failed to compensate them for the time. David Garner, Brian Ostos, Alejandro Osorio, and Joseph Quinn filed suit this week in US District Court for the Northern District of Florida naming the Destin Fire Control District.

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A District of Columbia firefighter has filed a class action lawsuit alleging the city failed to include COVID premium pay in his overtime, as required by the Fair Labor Standards Act. Jason Collins filed suit today in US District Court for the District of Columbia on behalf of himself and all similarly situated DC firefighters.

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A lawsuit filed last year by 31 Chickasha, Oklahoma firefighters contending the city violated the Fair Labor Standards Act has been settled for $141,710.91. The firefighters claimed that the city failed to include longevity pay in their regular rate when calculating overtime compensation.

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Today’s burning question: Can a fire department cancel a firefighter’s assigned Kelly Day without violating the Fair Labor Standards Act? For example, if firefighters work a 24/48 schedule with Kelly Days every third work period, can the department contact personnel scheduled to be off on a Kelly Day, and require them to work?

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In this episode Curt and Bill Maccarone discuss the upcoming FLSA for Fire Departments web-conference May 11-14, 2021, and plans for the next web-conference October 5-8, 2021. In addition three new Advanced FLSA webinars have been scheduled for the fall of 2021.

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Today’s burning question: I am a volunteer fire chief and have been very interested in taking your FLSA course May 11-14, 2021. Is there any way to just take the section related to volunteer issues at a reduced rate? The other sections are interesting but are not the focus of what I need to know.

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A battalion chief with the City of Coronado has filed suit claiming he and similarly situated battalion chiefs have been wrongly classified as exempt from overtime. Perry Peake filed the class action suit this week in US District Court for the Southern District of California.

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A paramedic captain with the San Francisco Fire Department has filed an 18-count complaint in federal court alleging an assortment of gender, pregnancy, and lactation-based claims. Sarah Perata filed suit last week in US District Court for the Northern District of California.

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The US District Court for the Southern District of Ohio has ruled that a jury must decide whether company officers in the Eaton Fire Department are entitled to, or exempt from, overtime under the Fair Labor Standards Act. The suit was filed in 2019 by three captains and a lieutenant who claimed they were improperly classified as exempt executives.

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A Missouri firefighter who was terminated after complaining about the manner in which the fire department was paying its firefighters, is now suing the department for violating the Fair Labor Standards Act. Scott Jones filed suit against the Willard Fire Protection District.

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In this episode of Fire Law VLOG, Curt and Bill Maccarone discuss the changes that the Biden administration has already implemented to the Fair Labor Standards Act that will impact the fire service. They also discuss the changes that may likely be coming.

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