Tag Archives: executive exemption

The City of Wilmington has agreed to settle an FLSA overtime suit brought last year by six current and former battalion chiefs for $459,695.36. The chiefs claim they were improperly classified as exempt executives.

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In this episode of Fire Law Roundup for April 8, 2024, Brad and Curt discuss  criminal charges brought against a Kansas City MO firefighter who urinated of a colleague’s personal property; a fire chief in Alaska seeking overtime compensation; a ...

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Two Brookline fire lieutenants have filed a class action lawsuit claiming the town failed to pay them overtime as required by the Fair Labor Standards Act. Lieutenants Brian Bergeron and Paul Trahon filed suit in US District Court for the District of Massachusetts on behalf of 150 similarly situated firefighters.

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A South Carolina fire chief who resigned two weeks ago, is now facing a state police investigation into his claiming $42,000 worth of overtime since July of 2022. David Watson resigned as fire chief for the Town of Wagener on October 19, 2023 after being confronted with the allegations by Mayor Michael Miller and Mayor Pro Tem George Smith.

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A former deputy chief for a fire district in Florida has filed suit claiming he was not paid overtime in accordance with the Fair Labor Standards Act. Brian C. Dubrasky filed suit against the Upper Captiva Fire Protection & Rescue District.

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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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An FLSA lawsuit filed by ten battalion chiefs with the Alexandria Fire Department has come to a rather surprising conclusion. The US District Court for the Eastern District of Virginia granted summary judgment to the city based upon a rarely used exemption for fire officers: the highly compensated employee exemption.

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In this episode of Fire Law Roundup for June 6, 2023, Brad and Curt discuss a suit filed by DC firefighter-EMTs alleging the city reneged on pension-related promises; a lawsuit against Houston firefighters over their role in the death of ...

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A Florida fire chief who resigned last December as part of a mass resignation, has filed suit against the fire district under the Fair Labor Standard Act claiming he was improperly designated as an exempt executive. Chief Jason Martin claims the Upper Captiva Fire Protection & Rescue Services District owes him overtime for all the hours he worked beyond 53 hours per week.

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The City of Encinitas has agreed to settle an FLSA lawsuit with four current and former battalion chiefs. The chiefs filed suit last year claiming they were wrongly classified as exempt executives ineligible for overtime.

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In this episode of Fire Law Roundup for February 20, 2023, Bill Maccarone and Curt discuss a race discrimination suit brought by a battalion chief in Sacramento, California; the dismissal of a suit brought by a battalion chief in Florida ...

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Today’s burning question: I am a town manager and we have a small volunteer fire department with a part-time paid fire chief. The chief receives a stipend and is expected to put in 20 hours a week. Can he qualify as an exempt executive like our police chief, even though he is a part-time employee?

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In this edition of Fire Law VLOG, Curt and Bill Maccarone discuss three recent settlements involving fire officers and overtime. The three settlements involve lawsuits filed under the Fair Labor Standard Act (FLSA) – and in particular whether these officers ...

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A Louisiana fire captain has filed suit claiming he and his colleagues were not paid overtime for the hours they worked that were in excess of the statutory maximum under the Fair Labor Standards Act. Brian Jackson filed suit in US District Court naming the Livingston Parish Fire Protection District 5

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