Tag Archives: Fair Labor Standards Act for firefighters

A Las Vegas firefighter who claimed he worked thousands of extra hours while off-duty has obtained a $560,000 settlement from the city. Eric Scheumann filed suit in US District Court for the District of Nevada in 2018 claiming a violation of the Fair Labor Standards Act and Nevada state wage and hour laws.

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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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In this episode, firefighter-attorney Bill Maccarone explains a recent decision by the US 9th Circuit Court of Appeals in an overtime case brought by 82 firefighters from the Menlo Park Fire Protection District who alleged their overtime wages were not properly calculated. Listen as Curt and Bill discuss why the court ruled against the firefighters.

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