Tag Archives: executive exemption

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?

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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.

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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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Federal Court Blocks Enforcement of New FLSA Overtime Rules

A federal judge in Texas has issued a preliminary injunction against the implementation of new overtime rules for exempt white-collar employees that were set to take effect on December 1, 2016. What the ruling means to fire departments really depends on the department. For most fire departments, the ruling...

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DOL’s New Overtime Rules

Today’s burning question: I heard a rumor that there are some new overtime rules coming out soon. Will these new rules have an impact on fire departments? Answer: That is a great question, and one I get asked a lot these days.

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Pittsburgh Settles FLSA Overtime Suit By Officers

The city of Pittsburgh has settled a class action lawsuit filed in federal court by fire officers claiming they were wrongfully denied overtime compensation. The suit was originally brought last August by Deputy Chief Harry Scherer, Battalion Chief Robert Cox ...

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Pittsburgh Officers Sue Under FLSA

Three ranking officers of the Pittsburgh Fire Bureau have filed suit under the Fair Labor Standards Act claiming that PFB officers have been wrongfully denied overtime compensation. Deputy Chief Harry Scherer, Battalion Chief Robert Cox and Captain Edmund J. Farley ...

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