Awful But Lawful

Retirement of DC Lieutenant Raises Question of Pension Following Dishonorable Service

Today’s burning question: Can a firefighter who is facing disciplinary action, avoid facing any punishment for his misconduct by quickly retiring before he can be terminated? Answer: An employee can resign at any time and there is nothing an employer can do to stop a separation of service from occurring. However, the employee’s entitlement to a pension is another story. A pension can be conditioned on honorable service.

The Year In Review – Top Fire Law Stories for 2015

It’s time to review the top Fire Law stories for 2015. There is no easy way to determine which stories were the most important this year, but Facebook gives us three pieces of information that offers some insights into which stories Fire Law readers think are most important based on three things: people reached, shares and likes.

GA Supreme Court Upholds Pension Contribution Increases for Firefighters

The Supreme Court of Georgia handed Atlanta firefighters, along with other city workers, a loss in their bid to challenge significant increases to their pension contributions. Police, firefighters and city workers filed a class action suit in 2013 seeking to block the city’s attempt to increase their pension contributions by at least 5%, and up to an additional 10% depending on how much the city has to increase its contributions.

Should Additional Hours Be Paid as Overtime or Straight Time

Today’s burning question: Our attorney is claiming we are wrong to pay overtime to firefighters unless they physically work 212 hours in a 28-day period. We have always paid overtime to our personnel for all hours over and above a firefighter’s assigned work schedule. Is he right?

Minnesota Court Strikes Down Residential Sprinkler Requirement

The Minnesota Court of Appeals dealt a blow to the fire service yesterday in striking down a state–wide residential sprinkler requirement for new homes over 4500 square feet. The three-judge panel concluded that the Minnesota Department of Labor and Industry lacked the data to support its rulemaking, but the irony of the ruling as left many of us scratching our heads.

FLSA Executive Exemption for Company Officers Burning Question

Today’s burning question: Your book says that officers assigned to a shift are considered hourly employees. I heard the 11th Circuit recently decided a case that says they are not. What gives? Answer: Would you believe my book is right and the 11th Circuit is wrong?

Charleston Firefighters’ FLSA Suit Continues

A ruling by the US District Court in South Carolina is permitting an FLSA suit against the City of Charleston to proceed. The suit filed in 2013 by six Charleston firefighters alleges that the city’s application of the “fluctuating workweek” concept violates the FLSA in a number of ways, including the failure to properly compensate them for overtime and in certain cases paying them less than the federal minimum wage

Post Accident Drug Testing in the Headlines

Today’s burning question: After an apparatus accident last week and I was sent for routine drug/alcohol testing. The local newspaper wrote an article about the accident naming me as the driver and indicating that I was sent for drug testing. The way it was written implied I was sent because I did something wrong.

Louisiana Pension System Files Suit Against Two Retired But Working Chiefs

The Louisiana Firefighters' Retirement System has filed suit against two fire service executives who are working at jobs similar to those they had prior to their retirement while collecting state pensions. The ongoing dispute involves Jefferson Parish Fire Director Joseph Greco and Assistant Director David Saunders

First Amendment, Tattoo Policies and Religion

Today’s burning question: In your July 2, 2015, post on the legality of a no-show tattoo policy, you included a quote that “A police officer’s uniform is not a forum for fostering public discourse or expressing one’s personal beliefs.” Would this interpretation prevent police officers, firefighters and EMS personnel from proselytizing while in uniform?

NYC Firefighters Sue Over Public Records Violations

The president of the Uniformed Firefighters Association of New York, IAFF Local 94 has filed suit against the City of New York and Council Speaker Melissa Mark-Viverito using the Freedom of Information Law (FOIL) to publically allege that she has been “stone-walling” consideration of a pension related resolution.

San Diego Fire Investigating Complaint About Interference With Filming In Public

The San Diego Fire Department is investigating a complaint filed by a videographer who claims that a firefighter touched him as he was filming an EMS patient on a public street. The videographer, J.C. Playford, was filming a female patient as she was being wheeled on a stretcher toward an ambulance when the unidentified firefighter confronted Playford and the two begin arguing.

Maine Chief Remains in Office Despite Admitting to Theft

A fire chief who has been charged with stealing from a fire department account will be keeping his position for the time being. George Russell, the fire chief in Thorndike, has been charged with stealing $5,100 from the Thorndike firemen's account.

New Haven Firefighter Terminated for Bribing Witnesses is Reinstated by Freedom of Information Commission

The headline is accurate. I had to check it twice myself to be sure I had it right… but it is. New Haven firefighter Aaron Brantley has been reinstated to the fire department following a ruling by the Connecticut Freedom of Information Commission.

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