FLSA

Fire Officers and Overtime: Emmons v. Chesapeake

In this episode, Curt and Bill Maccarone discuss the recent decision by the 4th Circuit Court of Appeals in the case of Emmons v. City of Chesapeake on the issue of whether battalion chiefs are eligible for overtime, or if they are exempt executives. Spoiler alert: if you are a BC you will not like the decision.

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FLSA, Vacation and Shift Trades

Today’s burning question: Can a firefighter assigned to a shift position take a 24-hour vacation day and then turn around and work on a shift-trade for a person on that same shift? Answer: Great question. There is nothing in the FLSA that prohibits a firefighter from taking a vacation day and working a shift trade.

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Fire Law Vlog: FLSA Overtime for Firefighters Assigned to EMS Units

In this edition of Fire Law Vlog, Curt and Bill Maccarone discuss a recent decision out of Texas holding that firefighters at DFW assigned to EMS do not qualify for the 207k exemption. Why is that a big deal? Because without the 207k exemption they are entitled to overtime after 40 hours per week, not 212 hours in 28 days!

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RI Fire District Sued For Overtime Violations

A Rhode Island firefighter has filed a class action lawsuit alleging that a local fire district violated the overtime requirements of the Fair Labor Standards Act, and after being found to be in violation by the US Department of Labor, persisted in refusing to pay back wages owed. James Almagno filed suit today in US District Court naming the Central Coventry Fire District.

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Fire Law VLOG – FLSA for FDs Update

In this edition of Fire law Vlog, Curt and Bill Maccarone discuss the upcoming webinar on firefighter overtime and compensation, FLSA for Fire Departments. The US Department of Labor has made several important changes to wage and hour law over the past few months that will inevitably impact fire departments.

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Firefighters Sue CA Fire Protection District Over FLSA Overtime Violation

Seventeen California firefighters have filed suit alleging they were underpaid for overtime they worked because their department impermissibly excluded certain benefits from the rate of pay used to calculate their overtime compensation. The firefighters, members of the Borrego Springs Fire Protection District, filed the class action lawsuit yesterday.

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Coronavirus Shift Change and the FLSA

Today’s burning question: Our firefighters work a 24-48 schedule on a 28-day work period. In light of the coronavirus emergency, we have decided to implement a 7-day on, 14-day off schedule. We have a very light workload and do not anticipate exhaustion being an issue. Does the FLSA prohibit such a schedule? And if not, how would we implement it?

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Las Vegas Settles FLSA Claim for $560k

A Las Vegas firefighter who claimed he worked thousands of extra hours while off-duty has obtained a $560,000 settlement from the city. Eric Scheumann filed suit in US District Court for the District of Nevada in 2018 claiming a violation of the Fair Labor Standards Act and Nevada state wage and hour laws.

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Nevada Firefighters Claim Overtime Violation Under FLSA

Two Nevada firefighters have filed a class action suit claiming they and their collogues have been wrongly classified as exempt from overtime. Victor Yohey and Chris Tillisch filed suit last week against the Storey County Fire Protection District in US District Court for the District of Nevada alleging a violation of the Fair Labor Standards Act.

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Arizona Firefighter Sues Fire District Over Termination

A former Arizona firefighter who was terminated in 2019 after the department eliminated its wildland program, is suing the fire district for wrongful termination, retaliation, and an assortment of wage and hour claims. Jason Craven filed suit in Navajo County Superior Court naming the Clay Springs-Pinedale Fire District Board.

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Podcast 29 Firefighter Overtime

In this episode, Curt and Bill Maccarone expound on Curt’s January, 2020 article in Firehouse Magazine addressing the most common ways that fire departments are being sued for overtime violations. In the podcast, they go beyond the top five reasons in explaining the overtime issues that are leading to most lawsuits.

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Overtime Regs to Change in 2020

The US Department of Labor has formally issued new regulations that will change the way the Fair Labor Standards Act will be applied starting January 1, 2020. Two of the most important changes are an increase in the minimum salary for “white-collar” employees and changes to the calculation of an employee’s overtime rate.

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