Tag Archives: executive exemption

A former deputy chief for a fire district in Florida has filed suit claiming he was not paid overtime in accordance with the Fair Labor Standards Act. Brian C. Dubrasky filed suit against the Upper Captiva Fire Protection & Rescue District.

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In this episode of Fire Law Roundup for June 19, 2023, Brad and Curt discuss a decision by the Seventh Circuit in favor of the City of Kankakee in a lawsuit brought by a female firefighter who accused her officer ...

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An FLSA lawsuit filed by ten battalion chiefs with the Alexandria Fire Department has come to a rather surprising conclusion. The US District Court for the Eastern District of Virginia granted summary judgment to the city based upon a rarely used exemption for fire officers: the highly compensated employee exemption.

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In this episode of Fire Law Roundup for June 6, 2023, Brad and Curt discuss a suit filed by DC firefighter-EMTs alleging the city reneged on pension-related promises; a lawsuit against Houston firefighters over their role in the death of ...

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A Florida fire chief who resigned last December as part of a mass resignation, has filed suit against the fire district under the Fair Labor Standard Act claiming he was improperly designated as an exempt executive. Chief Jason Martin claims the Upper Captiva Fire Protection & Rescue Services District owes him overtime for all the hours he worked beyond 53 hours per week.

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The City of Encinitas has agreed to settle an FLSA lawsuit with four current and former battalion chiefs. The chiefs filed suit last year claiming they were wrongly classified as exempt executives ineligible for overtime.

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In this episode of Fire Law Roundup for February 20, 2023, Bill Maccarone and Curt discuss a race discrimination suit brought by a battalion chief in Sacramento, California; the dismissal of a suit brought by a battalion chief in Florida ...

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Today’s burning question: I am a town manager and we have a small volunteer fire department with a part-time paid fire chief. The chief receives a stipend and is expected to put in 20 hours a week. Can he qualify as an exempt executive like our police chief, even though he is a part-time employee?

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In this edition of Fire Law VLOG, Curt and Bill Maccarone discuss three recent settlements involving fire officers and overtime. The three settlements involve lawsuits filed under the Fair Labor Standard Act (FLSA) – and in particular whether these officers ...

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A Louisiana fire captain has filed suit claiming he and his colleagues were not paid overtime for the hours they worked that were in excess of the statutory maximum under the Fair Labor Standards Act. Brian Jackson filed suit in US District Court naming the Livingston Parish Fire Protection District 5

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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.

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The settlement of an overtime lawsuit brought by three battalion chiefs with the Coronado Fire Department, has been approved by the US District Court for the Southern District of California. The suit was filed last April by BC Perry Peake as a class action alleging the city improperly classified BCs as exempt executives.

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A battalion chief with the City of Coronado has filed suit claiming he and similarly situated battalion chiefs have been wrongly classified as exempt from overtime. Perry Peake filed the class action suit this week in US District Court for the Southern District of California.

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The US District Court for the Southern District of Ohio has ruled that a jury must decide whether company officers in the Eaton Fire Department are entitled to, or exempt from, overtime under the Fair Labor Standards Act. The suit was filed in 2019 by three captains and a lieutenant who claimed they were improperly classified as exempt executives.

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