Tag Archives: Fair Labor Standards Act

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 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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A lawsuit filed by 91 Alabama firefighters who claimed the City of Gadsden was violating the FLSA, has been amended to accuse the city of retaliating against them for having brought the suit. The firefighters filed their original suit in May alleging the city miscalculated their regular rate, resulting in overtime underpayments.

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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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The US District Court for the Southern District of Ohio has ruled that a jury must decide whether company officers in the Eaton Fire Department are entitled to, or exempt from, overtime under the Fair Labor Standards Act. The suit was filed in 2019 by three captains and a lieutenant who claimed they were improperly classified as exempt executives.

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A Missouri firefighter who was terminated after complaining about the manner in which the fire department was paying its firefighters, is now suing the department for violating the Fair Labor Standards Act. Scott Jones filed suit against the Willard Fire Protection District.

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In this episode of Fire Law VLOG, Curt and Bill Maccarone discuss the changes that the Biden administration has already implemented to the Fair Labor Standards Act that will impact the fire service. They also discuss the changes that may likely be coming.

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A Mississippi fire lieutenant who claims he was passed over for promotion on several occasions, has filed two lawsuits in federal court against his department. Lt. Lonnie Johnson filed suit against the City of Laurel alleging a USERRA violation and a violation of the FLSA.

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A Rhode Island firefighter has filed a class action lawsuit alleging that a local fire district violated the overtime requirements of the Fair Labor Standards Act, and after being found to be in violation by the US Department of Labor, persisted in refusing to pay back wages owed. James Almagno filed suit today in US District Court naming the Central Coventry Fire District.

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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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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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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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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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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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