Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone

Tag Archives: step up pay

Substitutions, Acting Out Of Rank, and The FLSA

Today’s burning question: Our department allows substitutions, not just within ranks, but one rank up and one rank down. As a result, concerns have arisen about what the FLSA requires when a substituting member acts out of their designated rank. Are substituting members entitled to compensation for acting while subbing?

NJ and Indiana Fire Departments Settle Discrimination Suits

Two settlements are in the fire law news today. In New Jersey, the Neptune Township Fire District No. 1 settled a race discrimination case filed by an African American firefighter who claims he was wrongfully denied additional compensation for extra duties and retaliated against when he complained.

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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