Fire Law Roundup for December 18, 2023

In this episode of Fire Law Roundup for December 18, 2023, Brad and Curt discuss a dispute between volunteer fire companies in New Jersey; a decision by the California Court of Appeals ruling that a critically injured San Francisco firefighter ...

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Neighborhood Fire Contract Wars

Every once in a while, a would-be litigant takes a “shot over the bow” of a neighbor mutual aid fire department when the continued service of the fire company is on the line. A trend across the nation appears to involve municipal consideration of other fire companies to serve the territory traditionally served by the complaining fire company.

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Louisiana Appeals Court Upholds Denial of Promotion

The Louisiana Court of Appeals has upheld a lower court ruling in a promotional challenge case from the Kenner Fire Department. The case involves the fire chief’s decision to deny Joseph Sunseri a promotion to Assistant Fire Chief, following some difficulties he encountered while serving in the position during a “working test period”.

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Iowa Fire Department at Center of Nativity Scene Controversy

An Iowa fire department that has hosted a nativity scene during the holidays for the past fifteen years, has found itself at the center of a First Amendment controversy about the separation between church and state. The Freedom From Religion Foundation requested the Mayor and City Council of the City of Toledo to remove a nativity scene from the front of the Toledo Fire Department’s station.

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Terminated California Fire Chief Sues City

A California fire chief who was terminated in October following a vote of no-confidence by the firefighters’ union, has filed suit alleging ethnicity and age discrimination. Chief Angel Montoya filed suit in Contra Costa County Superior Court naming the City of Richmond as the sole named defendant.

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Fire Law Roundup for December 11, 2023

In this episode of Fire Law Roundup for December 11, 2023, Brad and Curt discuss a lawsuit challenging the Cleveland Fire Department’s physical abilities test as discriminatory against women; an FLSA overtime suit in Brookline, Massachusetts; a locker search case ...

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FDNY Fire Inspectors File FLSA Overtime Suit

Twenty-six fire inspectors for FDNY have filed suit in federal court claiming the city failed to pay them overtime compensation in accordance with the Fair Labor Standards Act. The inspectors claim they routinely work in excess of their regularly-scheduled forty hours per week, are not compensated for those extra hours unless they are pre-approved.

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Massachusetts Firefighters Alleged Overtime Violations

Two Brookline fire lieutenants have filed a class action lawsuit claiming the town failed to pay them overtime as required by the Fair Labor Standards Act. Lieutenants Brian Bergeron and Paul Trahon filed suit in US District Court for the District of Massachusetts on behalf of 150 similarly situated firefighters.

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Firehouse Locker Search in Rhode Island Leads to Federal Suit

The Rhode Island affiliate of the American Civil Liberties Union has filed suit on behalf of six Pawtucket firefighters accusing the city, the fire chief and a city police officer of violating their constitutional rights by conducting a locker search in September. Firefighters Noah LeBlanc, Stephen Garlick, Manuel Benevides, Scott McDonald, and Steven Como brought the action by and through the ACLU’s attorneys.

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