FLSA

Origins of the 7K Firefighter Overtime Exemption

Today’s burning question: I was wondering if you knew the origin of the firefighter exemption from the 40-hour work week? Has there ever been a push to remove that exemption? Answer: The law you are referring to is the Fair Labor Standards Act, and more specifically 29 USC 207k within the act.

Substitutions, Acting Out Of Rank, and The FLSA

Today’s burning question: Our department allows substitutions, not just within ranks, but one rank up and one rank down. As a result, concerns have arisen about what the FLSA requires when a substituting member acts out of their designated rank. Are substituting members entitled to compensation for acting while subbing?

Are Kelly Days Supposed to be Paid or Unpaid Days Off

Today’s burning question: Does the FLSA require Kelly days to be paid or unpaid? Answer: The short answer is the FLSA does not require Kelly days to be paid or unpaid. That decision is left entirely up to the employer and employee to decide. As you might imagine different departments choose to handle it differently.

Burning Question on Overtime Training

Today’s burning question: I am a newly appointed fire chief, and have some grave concerns about how the city is calculating firefighter overtime. When are you going to have your FLSA class in [my state]? Answer: Unfortunately we can only deliver the FLSA class three times a year, once on the East Coast, once in the Mid-West, and once in the West.

Chiefs, Deployments, Reimbursements and Overtime

Today’s burning question: If an Assistant Chief who is classified as an exempt executive employee is deployed on a 2-week wildland or USAR deployment that is fully reimbursable through FEMA or the state, can the fire department only pay the assistant chief his regular weekly salary?

California Firefighters Battle With Mayor

This past weekend, a local newspaper in California wrote about a nasty dispute between the mayor of the City of La Verne and the La Verne Firefighters, IAFF Local 3624, that has prompted two separate federal court lawsuits in recent months.

East Greenwich Firefighters Claim Overtime Violation

Hardly a day goes by without a fire service FLSA lawsuit being filed or settled. This one in my own back yard is just the latest. Bill Maccarone did a deep dive into this case already. Here is Bill’s take. ...

Volunteers, Day Time Help and the FLSA

Today’s burning question: Our volunteer fire department is struggling to get enough help weekdays. We are thinking about paying some of our folks to be available during these hours. Can we pay our folks $4/hour to be available? Answer: Volunteer fire departments have to be very careful when it comes to compensating their personnel in any way.

Court Approves Settlement in California Firefighters’ Overtime Suit

A court-approved settlement has been reached between Modesto firefighters and the City of Modesto in a Fair Labor Standards Act lawsuit over the inclusion of health care buy-back in overtime.

Are Battalion Chiefs Subject to The Highly Compensated Employee Exemption

Today's burning question: I am a city manager and I just read about an exception in the Fair Labor Standards Act that exempts anyone making over $100,000 per year from eligibility for overtime. Do our Battalion Chiefs and perhaps even our company officers meet the criteria to fall under this exemption? Answer: Your line officers probably do not but your staff officers may.

Can Substitutions Impact Exempt Executive Status

Today’s burning question: If a battalion chief who is classified as an exempt executive is allowed to trade time with captains or lieutenants that are "non-exempt", would that have any bearing on whether the battalion chief qualifies as exempt or not? Answer: There are two tests to determine whether an employee is an exempt executive: the salary test and the primary duty test. An employee must satisfy both tests in order to be exempt and ineligible for overtime under the FLSA.

Burning Question: FLSA, Overtime and Consecutive Hours

Today’s burning question: I work for a small department that relies heavily on overtime to fill shifts to meet minimum staffing levels. I heard there is a limit to how many consecutive hours a firefighter can work. The number 48 has been used and rumor has it that it is an FLSA issue. Is there a limit to the hours that a firefighter can work?

Pennsylvania Volunteer Fire Company Sued For FLSA Violation

Five employees of a volunteer fire department in Pennsylvania have filed suit claiming they were improperly classified as partially-exempt 7k firefighters and denied overtime after they worked 40 hours per week. Dennis A. Szweda, Janelle Schmeck, David Ciabattoni, Reed A. Apostol and Donald Hirsch filed suit against the Exeter Township Volunteer Fire Department.

Chicago Fire’s Nursing Mother Case Moves Forward

A lawsuit filed by a Chicago Fire Department paramedic will proceed after a US District Court judge ruled on the city's motion to dismiss her allegations of pregnancy and gender discrimination. Paramedic Sarah Spriesch filed suit accusing the department of pregnancy discrimination, sex discrimination and violation of the Nursing Mother’s Act

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