Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
A battalion chief with the City of Coronado has filed suit claiming he and similarly situated battalion chiefs have been wrongly classified as exempt from overtime. Perry Peake filed the class action suit this week in US District Court for the Southern District of California.
The suit alleges that battalion chiefs in Coronado:
- regularly respond to, and participate in, calls for service that include preventing, controlling, or extinguishing fires, (fire suppression).
- regularly respond to, and participate in, calls for rescuing fire and accident victims.
- regularly respond to calls for responding to, and participating in, medical calls for service, (as fully certified Paramedics and/or EMT’s).
- regularly carry and use fire suppression and medical equipment kept and maintained in their Department vehicles.
As a result, they are first responders, not exempt executives, and thus should be entitled to overtime. One of Peake’s attorneys, Will Aitchison, is one of the giants in our industry. Will was the guy who taught me the FLSA back 35 years ago and it is great to see him still litigating these cases. Here is a copy of the complaint:
By the way, we have our FLSA for Fire Departments conference coming up May 11-14, 2021. There’s been a number of changes at the US Department of Labor with the change of administrations that impacts firefighters. Overtime, regular rate, health care buy-backs, comp time, volunteer compensation, officer exemptions, and much much more. For details on the conference click here.
