Tag Archives: overtime

Fire Law Vlog: Georgetown FLSA Updates

In this edition of Fire Law Vlog, Curt and Bill Maccarone discuss some new updates to the FLSA that will be discussed in the upcoming FLSA for Fire Departments conference this week in Georgetown, Texas. Among the changes are amendments to the US Department of Labor regulations addressing the EAP exemptions as well changes to regular rate and fluctuating workweek.

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Burning Question on Salary and Shift Work

Today’s burning question: Can a firefighter who works 24 hours-on, on 48 hours-off be put on salary? Answer: There are so many issues within your question. The first point has to do with your use of the term salary. A salary is simply one way an employee can be paid. Employees can be paid...

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Burning Question on FLSA, Hours Worked, and Training

Today’s burning question: If a firefighter is given their scheduled shift off to attend training, do we count the hours that the firefighter was scheduled to work as time worked for overtime purposes? If a firefighter is scheduled to work 240 hours in a 28-day work period, and the department gives the firefighter two 24-hour shifts off to attend a class, is the firefighter still entitled to 28 hours of overtime for that work period?

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Today’s Burning Question: Am I being Cheated Out of Overtime?

Today’s burning question: My department pays us on a 14-day cycle. However, we work a 53-hour work week. For some reason, our department does not pay us overtime until we reach the 106-hour mark in the 2-week period. If we are on a 53-hour work week, why are we not paid overtime after we reach 53-hours in the week.

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Shift Captains and Administrative Captains Working Overtime

Today’s burning question: We have both shift captains (24 hours-on, 48 hours-off) and administrative captains (8 hour days – 5 days a week). Both are considered to be non-exempt (eligible for overtime). Why can't the department allow the administrative captains to work OT on shifts?

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Fire Law VLOG with Attorney Brian Massatt

In today’s episode, firefighter-attorney Brian Massatt answers an advanced overtime question on a firefighter who is substituting for another firefighter, and who ends up working beyond that firefighter’s scheduled shift. Today is the second day of the three-day FLSA Conference ...

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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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FLSA Suit in Michigan Settled for $150k

A class action Fair Labor Standards Act suit brought last year by EMTs in Livingston County, Michigan has been settled for $150,000. The suit was brought by five EMTs who alleged that the county miscalculated their regular rate, which in turn led to a miscalculation of their overtime compensation.

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Court Rules No Overtime For Flight Medics

A federal court in Missouri has ruled that employees of air ambulance providers are not entitled to overtime compensation because air ambulance providers are exempt from the Fair Labor Standards Act. The suit was filed last year by a flight medic, Jacob Riegelsberger, against Air Evac EMS, Inc. under the FLSA because he and his co-workers were only paid overtime after they worked 84 hours in a two week paid period.

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Overtime, Vacation Credit, and the FLSA

Today’s burning question: My fire department if we work overtime during a work period during which we take vacation, rather than pay overtime for the extra hours worked, they credit back vacation time. Our HR and Fire Chief claim it is against the law (FLSA) to be paid overtime and receive vacation hours in the same time work period. Is this true?

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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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