FLSA

A class action Fair Labor Standards Act suit brought last year by EMTs in Livingston County, Michigan has been settled for $150,000. The suit was brought by five EMTs who alleged that the county miscalculated their regular rate, which in turn led to a miscalculation of their overtime compensation.

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In this episode, Curt and Tucson attorney Jeff Jacobson discuss the case of Tucson Firefighter-Paramedic Carrie Clark. On April 12, 2019 a federal court jury awarded Clark $3.8 million for gender discrimination, retaliation, violation of the Nursing Mothers Act and FLSA retaliation. Jeff was Clark’s attorney.

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A pre-emptive lawsuit filed by the Spokane Valley Fire Department in 2017 against IAFF Local 3701 over the issue of overtime for certain chief officers was dismissed today. The unprecedented lawsuit asked the court to determine whether or not battalion chiefs and fire marshals are exempt executives ineligible for overtime under the Fair Labor Standards Act.

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A federal court jury in Arizona has awarded a Tucson firefighter $3.8 million in damages for the department’s failure to accommodate her needs as a nursing mother. Carrie Clark filed suit in 2014 alleging her fire station did not accommodate her need to express breast milk, and that she was retaliated against once her complaints became known.

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Today’s burning question: My fire department has been miscalculating our overtime pay, so we filed suit under the Fair Labor Standards Act. The fire department responded by requiring a doctor’s note for all sick leave of two consecutive days or more. Isn’t that retaliation? Answer: Retaliation is a question of fact, but if the fire department did alter your working conditions the department could be facing additional damages for retaliation.

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A federal court jury has found that battalion chiefs in the Vancouver, Washington Fire Department qualify as exempt executives, and thus are exempt from the overtime requirements of the Fair Labor Standards Act. The decision was handed down earlier this year.

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A federal court in Missouri has ruled that employees of air ambulance providers are not entitled to overtime compensation because air ambulance providers are exempt from the Fair Labor Standards Act. The suit was filed last year by a flight medic, Jacob Riegelsberger, against Air Evac EMS, Inc. under the FLSA because he and his co-workers were only paid overtime after they worked 84 hours in a two week paid period.

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Today’s burning question: The line chiefs in my fire department (deputy and battalion chiefs assigned to shifts) have gotten together to file an FLSA claim. We feel we are improperly classified as being exempt executives when we should be hourly employees. The Fire Chief has publicly stated that if we are successful, he will change our titles to eliminate the word “Chief”. Can he do that?

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Today’s burning question: My fire department if we work overtime during a work period during which we take vacation, rather than pay overtime for the extra hours worked, they credit back vacation time. Our HR and Fire Chief claim it is against the law (FLSA) to be paid overtime and receive vacation hours in the same time work period. Is this true?

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A Texas firefighter who was terminated after complaining about the way his fire department was calculating his hours and compensation while on Army reserve duty has filed suit alleging retaliation under both the USERRA and the FLSA. Bradley R. Casey was a captain with the Horseshoe Bay Fire Department.

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The city of Wichita has reached a settlement with six fire investigators who filed suit late last year claiming they were being improperly required to work 204 hours per 27-day work period before being eligible for overtime. The six investigators will split $140,000 while their attorneys will receive $15,000.

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Today’s burning question: We are combination department in which our full-time firefighters are permitted to respond back to alarms. We pay them their overtime rate for the extra time they work. Is it permissible under the FLSA to pay the firefighter overtime for returning to an alarm while we are paying him to be on vacation (ie. twice for the same time)?

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Today’s burning question: Can a municipality change your pay rate depending on the job/situation? Answer: There is nothing in the Fair Labor Standards Act that prohibits an employer from playing employees different rates of pay when working in different jobs, or even working the same job at different times.

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The City of San Luis Obispo has reached an agreement to settle a Fair Labor Standards Act overtime lawsuit filed by its firefighters. The suit filed in 2016 alleged the city failed to include certain payments in the overtime.

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