FLSA

Today’s Burning Question: Can a collective bargaining agreement trump the FLSA? I heard the FLSA trumps everything, including a CBA. Answer: While the FLSA certainly can trump CBAs, that is not always the case. The best perspective is to consider the FLSA to be the floor below - which an employer cannot go.

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Firefighters in Santa Rosa have filed a class action lawsuit claiming the city has been improperly calculating their overtime pay in violation of the FLSA. The suit was filed last week in federal court by 118 Santa Rosa firefighters.

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Four former firefighters from the City of York, South Carolina are suing for $1.3 million in unpaid overtime under a rather novel theory. The men filed separate suits on March 22nd, 2017 claiming they are entitled to overtime for all hours worked over 40 each week based on the city’s personnel manual.

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Are fire officers eligible for overtime? Does rank matter? In this episode Curt and Bill Maccarone discuss overtime issues associated with fire officers. Many fire departments consider some or all of their officers to be exempt from the overtime requirements ...

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Lexington-Fayette Urban County Government has agreed to settle a long-standing overtime dispute with its firefighters for a reported $17.7 million. The case was originally filed in November, 2005 in Fayette Circuit Court by firefighters who claimed the county miscalculated their overtime compensation.

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In this episode, Curt and Bill Maccarone continue their discussion about FLSA overtime issues in the fire service with an introduction to the so-called white-collar exemptions that allow employees classified as executives, administrative or professionals to be exempt from minimum wage and maximum hours requirements.

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In this episode, Curt and Bill Maccarone continue their discussion about overtime issues in the fire service with an overview of "regular rate". Regular rate refers to the amount of hourly compensation that must be multiplied by 1.5 to determine the overtime rate. While that may seem simple, its application is anything but.

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In this episode, Curt and Bill Maccarone continue their discussion about overtime issues in the fire service with an overview of the 207k partial exemption. The 207k, or 7k, exemption extends the maximum hours for firefighters from 40 to 53 ...

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In this episode, Curt and Bill Maccarone provide an overview of the Fair Labor Standards Act. No other law impacts fire department operations nor costs local governments more than the FLSA. Since 1985 when the US Supreme Court decided Garcia ...

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Today’s burning question: Our firefighters work a 24 hours-on, 48 hours-off schedule based on a 28-day work period. We are paid every week but only receive FLSA overtime every four weeks. There are times that I work 72 hours in ...

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Today’s burning question: Do volunteer fire departments have to worry about the FLSA? Answer: The FLSA has the potential to impact a wide range of fire departments in the United States. That includes many if not most volunteer departments.

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Today’s burning question: Does a fire department have to include payments made in lieu of accepting health benefits in a firefighter’s regular rate for purposes of calculating overtime? Answer: Yes, and that is one of the central issues in an FLSA suit that firefighters with the Marinwood Community Services District filed claiming the district has been improperly calculating their overtime.

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Throughout 2016, the Fair Labor Standards Act continued to loom as one of the most important laws for fire departments. Here are the top 2016 FLSA for Fire Departments headlines, in rank order of importance:

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Twenty-two San Luis Obispo firefighters have filed suit against the city alleging that they are being shortchanged on the rate they are paid for overtime. The suit filed November 30, 2016 asserts that the city failed to include “all remuneration” when calculating their “regular rate.”

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