Tag Archives: Fair Labor Standards Act

Las Vegas Settles FLSA Claim for $560k

A Las Vegas firefighter who claimed he worked thousands of extra hours while off-duty has obtained a $560,000 settlement from the city. Eric Scheumann filed suit in US District Court for the District of Nevada in 2018 claiming a violation of the Fair Labor Standards Act and Nevada state wage and hour laws.

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Arizona Firefighter Sues Fire District Over Termination

A former Arizona firefighter who was terminated in 2019 after the department eliminated its wildland program, is suing the fire district for wrongful termination, retaliation, and an assortment of wage and hour claims. Jason Craven filed suit in Navajo County Superior Court naming the Clay Springs-Pinedale Fire District Board.

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Podcast 29 Firefighter Overtime

In this episode, Curt and Bill Maccarone expound on Curt’s January, 2020 article in Firehouse Magazine addressing the most common ways that fire departments are being sued for overtime violations. In the podcast, they go beyond the top five reasons in explaining the overtime issues that are leading to most lawsuits.

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Overtime Regs to Change in 2020

The US Department of Labor has formally issued new regulations that will change the way the Fair Labor Standards Act will be applied starting January 1, 2020. Two of the most important changes are an increase in the minimum salary for “white-collar” employees and changes to the calculation of an employee’s overtime rate.

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Podcast # 27: Compensation for EMS Training Time

In this episode, Curt discusses an FLSA lawsuit filed by a Memphis firefighter, Jon Misewicz, over the issue of whether firefighters have to be compensated for attending mandatory paramedic training. Misewizc v. City of Memphis is the definitive ruling on the compensability of EMS training time for firefighters.

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Judge Dismisses Washington Fire Department’s FLSA Suit

A pre-emptive lawsuit filed by the Spokane Valley Fire Department in 2017 against IAFF Local 3701 over the issue of overtime for certain chief officers was dismissed today. The unprecedented lawsuit asked the court to determine whether or not battalion chiefs and fire marshals are exempt executives ineligible for overtime under the Fair Labor Standards Act.

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Burning Question on Retaliation and the FLSA

Today’s burning question: My fire department has been miscalculating our overtime pay, so we filed suit under the Fair Labor Standards Act. The fire department responded by requiring a doctor’s note for all sick leave of two consecutive days or more. Isn’t that retaliation? Answer: Retaliation is a question of fact, but if the fire department did alter your working conditions the department could be facing additional damages for retaliation.

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FLSA, Executive Exemption, Threats and Retaliation

Today’s burning question: The line chiefs in my fire department (deputy and battalion chiefs assigned to shifts) have gotten together to file an FLSA claim. We feel we are improperly classified as being exempt executives when we should be hourly employees. The Fire Chief has publicly stated that if we are successful, he will change our titles to eliminate the word “Chief”. Can he do that?

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Wichita Settles Fire Investigators’ FLSA Claims for $155k

The city of Wichita has reached a settlement with six fire investigators who filed suit late last year claiming they were being improperly required to work 204 hours per 27-day work period before being eligible for overtime. The six investigators will split $140,000 while their attorneys will receive $15,000.

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Compensation For Work While On Vacation

Today’s burning question: We are combination department in which our full-time firefighters are permitted to respond back to alarms. We pay them their overtime rate for the extra time they work. Is it permissible under the FLSA to pay the firefighter overtime for returning to an alarm while we are paying him to be on vacation (ie. twice for the same time)?

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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.

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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.

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