Tag Archives: executive exemption

Fire Officers and Overtime: Emmons v. Chesapeake

In this episode, Curt and Bill Maccarone discuss the recent decision by the 4th Circuit Court of Appeals in the case of Emmons v. City of Chesapeake on the issue of whether battalion chiefs are eligible for overtime, or if they are exempt executives. Spoiler alert: if you are a BC you will not like the decision.

Florida Captains Sue Under the FLSA

Sixteen captains in Marion County, Florida who are being treated as exempt executives under the Fair Labor Standards Act have filed suit in US District Court for the Middle District of Florida claiming they should be treated as non-exempt employees entitled to overtime.

Judge Dismisses Washington Fire Department’s FLSA Suit

A pre-emptive lawsuit filed by the Spokane Valley Fire Department in 2017 against IAFF Local 3701 over the issue of overtime for certain chief officers was dismissed today. The unprecedented lawsuit asked the court to determine whether or not battalion chiefs and fire marshals are exempt executives ineligible for overtime under the Fair Labor Standards Act.

Jury Finds that BCs in Vancouver Are Exempt Executives

A federal court jury has found that battalion chiefs in the Vancouver, Washington Fire Department qualify as exempt executives, and thus are exempt from the overtime requirements of the Fair Labor Standards Act. The decision was handed down earlier this year.

FLSA, Executive Exemption, Threats and Retaliation

Today’s burning question: The line chiefs in my fire department (deputy and battalion chiefs assigned to shifts) have gotten together to file an FLSA claim. We feel we are improperly classified as being exempt executives when we should be hourly employees. The Fire Chief has publicly stated that if we are successful, he will change our titles to eliminate the word “Chief”. Can he do that?

Chiefs, Deployments, Reimbursements and Overtime

Today’s burning question: If an Assistant Chief who is classified as an exempt executive employee is deployed on a 2-week wildland or USAR deployment that is fully reimbursable through FEMA or the state, can the fire department only pay the assistant chief his regular weekly salary?

Can Substitutions Impact Exempt Executive Status

Today’s burning question: If a battalion chief who is classified as an exempt executive is allowed to trade time with captains or lieutenants that are "non-exempt", would that have any bearing on whether the battalion chief qualifies as exempt or not? Answer: There are two tests to determine whether an employee is an exempt executive: the salary test and the primary duty test. An employee must satisfy both tests in order to be exempt and ineligible for overtime under the FLSA.

FLSA Retaliation – Why Go There?

Today’s burning question: I am a line battalion chief in a department that classifies all chief officers as white-collar exempt executives. As exempt executives we are not eligible for overtime. Our association obtained an opinion letter from a law firm that concluded line chiefs do not qualify as white-collar executives under either the traditional analysis nor under the 2004 First Responder Regulations.

Chiefs, Overtime and Extra Compensation

Today’s burning question: We are losing senior instructors from our fire academy because they are being promoted to Battalion Chiefs (or higher), at which point we cannot compensate them to teach on their days off… not even straight time. I am told this is because they are exempt under the FLSA but cannot find any legal clarification that explains what is going on. Why can’t we at least pay these officers straight time to come back and teach on their days off?

Are BCs Eligible for Overtime Under the FLSA

Today’s burning question: Are battalion chiefs considered to be exempt executives under the FLSA and not eligible for overtime? Answer: That is the key question in a recently filed suit out of Vancouver, Washington. Eight current and former Vancouver battalion chiefs are suing the department

Fairfax County Settles FLSA Suit With Fire Captains for $7.85 Million

After losing at the 4th Circuit Court of Appeals, Fairfax County has opted to cut its losses and settle a Fair Labor Standards Act lawsuit with 174 fire captains for $7.85 million. The county had long considered the captains to ...

Federal Court Blocks Enforcement of New FLSA Overtime Rules

A federal judge in Texas has issued a preliminary injunction against the implementation of new overtime rules for exempt white-collar employees that were set to take effect on December 1, 2016. What the ruling means to fire departments really depends on the department. For most fire departments, the ruling...

DOL’s New Overtime Rules

Today’s burning question: I heard a rumor that there are some new overtime rules coming out soon. Will these new rules have an impact on fire departments? Answer: That is a great question, and one I get asked a lot these days.

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?

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