Tag Archives: overtime

Why Volunteers Need to Understand The FLSA

Today’s burning question: Do volunteer fire departments have to worry about the FLSA? Answer: The FLSA has the potential to impact a wide range of fire departments in the United States. That includes many if not most volunteer departments.

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California Firefighters File Overtime Suit Over Health Care Buy-Back

Today’s burning question: Does a fire department have to include payments made in lieu of accepting health benefits in a firefighter’s regular rate for purposes of calculating overtime? Answer: Yes, and that is one of the central issues in an FLSA suit that firefighters with the Marinwood Community Services District filed claiming the district has been improperly calculating their overtime.

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2016 FLSA Roundup

Throughout 2016, the Fair Labor Standards Act continued to loom as one of the most important laws for fire departments. Here are the top 2016 FLSA for Fire Departments headlines, in rank order of importance:

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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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21 States Challenge New White Collar Overtime Rule

Twenty-one states are challenging new overtime rules that increase the minimum salary requirements for exempt “white collar” employees under the FLSA. The rules are set to increase the minimum salary that an employee who is exempt from receiving overtime must be paid from $455 per week to $913 per week.

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FLSA Facts for Firefighters- Early Reliefs and Overtime

Today’s burning question: I regularly get to work 45 minutes before my normal shift and relieve a member. Does the FLSA require the department to compensate me for that extra time? Answer: The FLSA mandates that employees be paid for all hours worked. However, provided the early relief meets the requirements of 29 CFR §553.225, compensation is not required

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FDNY EMS Officers File FLSA Class Action

Five FDNY EMS officers have filed suit against the city alleging they were wrongly denied compensation for pre- and post-shift meetings, in violation of the Fair Labor Standards Act. The suit alleges that the officers were required to be present for 15 to 30 minutes per shift to exchange of information with other officers at shift changes.

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FLSA Facts for Firefighters: Clothing Allowance

Today’s burning question: Does a fire department have to factor in an item such as a clothing allowance when determining a firefighter’s hourly wage for overtime calculations? Answer: Under certain circumstances some or all of a clothing allowance may be considered compensation and thus includable in calculating the employee’s “regular rate”.

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FLSA and Per Diem Employees

Today’s burning question: Does the FLSA’s 7k Exemption apply to per diem firefighters? It would seem an employer could load up per diem employees and thereby manipulate hours to avoid overtime liability. Answer: You raise a good point about manipulation, but the FLSA makes no distinction between full-time, part-time, or per diem firefighters.

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Part-Time Firefighter Overtime

Today’s burning question: Does a fire department have to pay overtime to a part-time firefighter who works more than 212 hours in a 28-day period? Answer: Yes. The FLSA does not distinguish between full-time and part-time employees. Any non-exempt employee ...

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Comp Time For Civilian Fire Department Employees

Today’s burning question: Is a fire department secretary entitled to comp time? Admittedly she is a fire department employee, but she is a civilian employee of the city. Answer: First of all, no one is “entitled” to comp time, not even firefighters. The FLSA permits public employers to allow employees to accrue and use comp time.

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Compensation for EMS Training

Today’s burning question: Do fire departments/EMS organizations have to pay personnel for the time spent attending training for EMT and paramedic while off-duty? Answer: There are several important issues that arise including what is the agreement between the parties, are the employees public employees, and does the training fit into an exception under the FLSA.

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