Tag Archives: 207k

Part-Time Firefighters and the 207k Exemption

Today’s burning question: Our fire department recently hired its first full-time firefighters to supplement our volunteers and part-time personnel. Historically we paid our part-time personnel overtime after 40 hours a week. Our new full-time personnel have been designated as being subject to the 207(k) partial exemption...

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Fire Law Podcast Episode 13: Intro to the FLSA

In this episode, Curt and Bill Maccarone provide an overview of the Fair Labor Standards Act. No other law impacts fire department operations nor costs local governments more than the FLSA. Since 1985 when the US Supreme Court decided Garcia ...

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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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Should Additional Hours Be Paid as Overtime or Straight Time

Today’s burning question: Our attorney is claiming we are wrong to pay overtime to firefighters unless they physically work 212 hours in a 28-day period. We have always paid overtime to our personnel for all hours over and above a firefighter’s assigned work schedule. Is he right?

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Charleston Firefighters’ FLSA Suit Continues

A ruling by the US District Court in South Carolina is permitting an FLSA suit against the City of Charleston to proceed. The suit filed in 2013 by six Charleston firefighters alleges that the city’s application of the “fluctuating workweek” concept violates the FLSA in a number of ways, including the failure to properly compensate them for overtime and in certain cases paying them less than the federal minimum wage

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Alabama City Settles Overtime Suit for $30k

The City of Hanceville, Alabama has settled an FLSA overtime case that was filed last December by four firefighters for $30,000. Gary Mikus, James Butler, Michael Cornett and Zachary Thomas filed suit in US District Court claiming the city required them to work 56 hours a week without paying them overtime.

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