Fire Law Roundup for November 28, 2022

In this episode of Fire Law Roundup for November 28, 2022, Brad and Curt discuss a federal court ruling that two believed-to-be volunteer firefighters who received shift stipends and point-based bonuses were actually employees entitled to minimum wage and overtime for the 3,000 hours per year they claim they worked; a Massachusetts Civil Service Commission decision upholding a Chelsea Fire Department decision to bypass a candidate for a positive THC test; a ruling in favor of Austin Firefighters IAFF Local 975 in a suit brought by self-proclaimed government “watchdogs” who alleged that granting union officials paid time off violates the Texas Constitution; an 11th Circuit ruling upholding the discipline of a firefighter for calling an elected official to complain about apparatus being out-of-service, and a 1st Circuit Court decision that a Massachusetts fire chief did not discriminate against a firefighter by requiring him to pose in his Class A uniform for an identification photo.

Court Rules Volunteer Compensation Makes Them Employees

Mass Civil Service Commission Upholds Bypass of Candidate for Positive THC Test

Texas Court of Appeals Upholds Union Time-Off as Constitutional

11th Circuit Rejects Cobb County Firefighter’s First Amendment Claims

First Circuit Upholds Discipline Against Firefighter Who Refused to be Photographed

About Curt Varone

Curt Varone has over 40 years of fire service experience and 30 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) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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