Florida Captains Sue Under the FLSA

Posted by: Curt Varone September 19, 2019 0

Sixteen captains in Marion County, Florida who are being treated as exempt executives under the Fair Labor Standards Act have filed suit in US District Court for the Middle District of Florida claiming they should be treated as non-exempt employees entitled to overtime.

The captains claim they are required to work “in excess of 53 hours in a week, in excess of 106 hours in a 14-day period, or in excess of 212 hours in a 28-day period” without receiving overtime compensation. According to the complaint:

  • Defendant misclassifies Plaintiffs as “exempt” employees and unlawfully fails to pay any overtime premiums for their overtime work.
  • Instead, Defendant pays Plaintiffs a static biweekly wage and, for unscheduled shifts outside Plaintiffs’ regular schedule, a straight hourly rate.
  • Further, Defendant only pays that straight hourly rate for unscheduled work that meets or exceeds four hours.

The suit was filed yesterday.

Here is a copy of the complaint: 2019 Marion County FLSA Complaint

About Curt Varone

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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