Tag Archives: battalion chiefs

Fire Law Roundup for June 19, 2023

In this episode of Fire Law Roundup for June 19, 2023, Brad and Curt discuss a decision by the Seventh Circuit in favor of the City of Kankakee in a lawsuit brought by a female firefighter who accused her officer ...

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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 Retaliation – Why Go There?

Today’s burning question: I am a line battalion chief in a department that classifies all chief officers as white-collar exempt executives. As exempt executives we are not eligible for overtime. Our association obtained an opinion letter from a law firm that concluded line chiefs do not qualify as white-collar executives under either the traditional analysis nor under the 2004 First Responder Regulations.

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Chiefs, Overtime and Extra Compensation

Today’s burning question: We are losing senior instructors from our fire academy because they are being promoted to Battalion Chiefs (or higher), at which point we cannot compensate them to teach on their days off… not even straight time. I am told this is because they are exempt under the FLSA but cannot find any legal clarification that explains what is going on. Why can’t we at least pay these officers straight time to come back and teach on their days off?

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Are BCs Eligible for Overtime Under the FLSA

Today’s burning question: Are battalion chiefs considered to be exempt executives under the FLSA and not eligible for overtime? Answer: That is the key question in a recently filed suit out of Vancouver, Washington. Eight current and former Vancouver battalion chiefs are suing the department

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Montana City Challenges BCs Being in Firefighters Union

The City of Bozeman is challenging a ruling of the Montana Board of Personnel Appeals that three new battalion chiefs should be included within IAFF Local 613. The ruling issued last June concluded that all positions below the rank of deputy chief should remain within the bargaining unit.

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Illinois Battalion Chiefs Seek Pension Credit

Two Illinois battalion chiefs have filed suit claiming that their pensions ought to include credit for time they served prior to the establishment of the pension. Battalion Chiefs Michael Majercik and Joseph Krueger allege that a pension plan established in ...

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