Tag Archives: Fair Labor Standards Act for Fire Departments

What Should A Salary Be Divided By To Determine Hourly Rate

Today’s burning question: Our city calculates our hourly pay by dividing our salary by 56 hours, not 53 hours. In other words, our hourly rate for overtime purposes is calculated by dividing the weekly salary by 56 hours. Shouldn’t they use 53 hours since the FLSA states that is the maximum allowable number of hours per week for firefighters?

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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...

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Fire Law Podcast Episode 15: FLSA and the Regular Rate

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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California Firefighters File Overtime Suit Over Health Care Buy-Back

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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Overtime for Paramedic Training

Today’s burning question: I was recently hired as a firefighter and my department requires me to get my paramedic license within my first year. The department gives me time off to attend classes when I am scheduled to work but ...

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FLSA, Overtime and Staff Personnel

Today’s burning question: We have several firefighters and fire officers that work a 40-hour week. These folks are assigned to logistics, training, inspections, etc., and do not receive overtime until after 86 hours per two weeks. Can you shed some light on the rules for 40-hour staff firefighters? Answer: Your question raises a number of complex issues and by no means are the answers simple.

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Comp Time For Civilian Fire Department Employees

Today’s burning question: Is a fire department secretary entitled to comp time? Admittedly she is a fire department employee, but she is a civilian employee of the city. Answer: First of all, no one is “entitled” to comp time, not even firefighters. The FLSA permits public employers to allow employees to accrue and use comp time.

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Settlement Announced in California FLSA Overtime Suit

The Southern Marin Fire Protection District has settled an overtime compensation lawsuit filed earlier this year by forty-four firefighters. The firefighters sued in February claiming the district incorrectly calculated their regular rate, which is the rate that is to be used to determine the overtime rate.

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Charleston Firefighters Prevail in Overtime Dispute

The US District Court for the District of South Carolina handed down a ruling today finding that the City of Charleston violated the Fair Labor Standards Act in the manner in which it compensated its firefighters for overtime. The class action suit was filed by six Charleston firefighters in 2013 who alleged a variety of FLSA violations.

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