Tag Archives: 7k

Virginia EMTs Claim County Paid Them Like 7k Firefighters

Twelve current and former members of the Page County Fire & EMS have filed a class action lawsuit claiming they were not compensated for all of the hours they worked, and not paid overtime as required by the FLSA. The suit alleges the plaintiffs are non-fire EMS personnel who the county treated as §207k qualifying firefighters.

Read More »

Court Rules For City in Reading Overtime Suit

A lawsuit filed by a retired Pennsylvania deputy chief seeking compensation for overtime hours, has resulted in a judgment in favor of the city. Gary Mogel claimed the City of Reading improperly classified him as an exempt “white-collar” executive.

Read More »

Burning Question: Cancelling Kelly Days

Today’s burning question: Can a fire department cancel a firefighter’s assigned Kelly Day without violating the Fair Labor Standards Act? For example, if firefighters work a 24/48 schedule with Kelly Days every third work period, can the department contact personnel scheduled to be off on a Kelly Day, and require them to work?

Read More »

Today’s Burning Question: Am I being Cheated Out of Overtime?

Today’s burning question: My department pays us on a 14-day cycle. However, we work a 53-hour work week. For some reason, our department does not pay us overtime until we reach the 106-hour mark in the 2-week period. If we are on a 53-hour work week, why are we not paid overtime after we reach 53-hours in the week.

Read More »

Wichita Settles Fire Investigators’ FLSA Claims for $155k

The city of Wichita has reached a settlement with six fire investigators who filed suit late last year claiming they were being improperly required to work 204 hours per 27-day work period before being eligible for overtime. The six investigators will split $140,000 while their attorneys will receive $15,000.

Read More »

Origins of the 7K Firefighter Overtime Exemption

Today’s burning question: I was wondering if you knew the origin of the firefighter exemption from the 40-hour work week? Has there ever been a push to remove that exemption? Answer: The law you are referring to is the Fair Labor Standards Act, and more specifically 29 USC 207k within the act.

Read More »

Pennsylvania Volunteer Fire Company Sued For FLSA Violation

Five employees of a volunteer fire department in Pennsylvania have filed suit claiming they were improperly classified as partially-exempt 7k firefighters and denied overtime after they worked 40 hours per week. Dennis A. Szweda, Janelle Schmeck, David Ciabattoni, Reed A. Apostol and Donald Hirsch filed suit against the Exeter Township Volunteer Fire Department.

Read More »

Small Fire Departments and Overtime

Today’s burning question: I work for a small town fire department as one of two paid firefighters. Everyone else is a volunteer. The town manager refuses to pay us overtime until we work 212 hours in 28 days. Everywhere else I have ever worked, overtime had to be paid after 40 hours in a week. Can the town manager get away with this?

Read More »

Part-Time Firefighters and the 207k Exemption

Today’s burning question: Our fire department recently hired its first full-time firefighters to supplement our volunteers and part-time personnel. Historically we paid our part-time personnel overtime after 40 hours a week. Our new full-time personnel have been designated as being subject to the 207(k) partial exemption...

Read More »

Fire Law Podcast Episode 13: Intro to the FLSA

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 ...

Read More »

FLSA and Per Diem Employees

Today’s burning question: Does the FLSA’s 7k Exemption apply to per diem firefighters? It would seem an employer could load up per diem employees and thereby manipulate hours to avoid overtime liability. Answer: You raise a good point about manipulation, but the FLSA makes no distinction between full-time, part-time, or per diem firefighters.

Read More »