Tag Archives: Fair Labor Standards Act

7th Circuit Rules on Compensation for Off-Duty Use Of Smartphones

In a long awaited decision the 7th Circuit Court of Appeals ruled in favor of Chicago in a case where police officers sought compensation for the off-duty use of their smartphones. Sergeant Jeffery Allen claimed he and his fellow officers in the Bureau of Organized Crime were required to use their smartphones to communicate while off-duty, but were not compensated for their time.

NJ Firefighters Allege Proposed Layoffs Are Retaliation For FLSA Claim

The Borough of Deal, New Jersey has proposed eliminating its three full-time firefighters on May 1, 2017 in an effort to curb spending. However the firefighters believe there is a more ominous reason behind the cuts. The Borough settled an overtime pay dispute with firefighters less than a month ago.

118 California Firefighters File FLSA Overtime Suit

Firefighters in Santa Rosa have filed a class action lawsuit claiming the city has been improperly calculating their overtime pay in violation of the FLSA. The suit was filed last week in federal court by 118 Santa Rosa firefighters.

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.

Fire Law Podcast Episode 14: The 207k Partial Exemption for Firefighters

In this episode, Curt and Bill Maccarone continue their discussion about overtime issues in the fire service with an overview of the 207k partial exemption. The 207k, or 7k, exemption extends the maximum hours for firefighters from 40 to 53 ...

Burning Question: Why Do I Have to Wait for My Overtime?

Today’s burning question: Our firefighters work a 24 hours-on, 48 hours-off schedule based on a 28-day work period. We are paid every week but only receive FLSA overtime every four weeks. There are times that I work 72 hours in ...

2016 FLSA Roundup

Throughout 2016, the Fair Labor Standards Act continued to loom as one of the most important laws for fire departments. Here are the top 2016 FLSA for Fire Departments headlines, in rank order of importance:

California Firefighters File FLSA Suit Over Regular Rate Calculation

Twenty-two San Luis Obispo firefighters have filed suit against the city alleging that they are being shortchanged on the rate they are paid for overtime. The suit filed November 30, 2016 asserts that the city failed to include “all remuneration” when calculating their “regular rate.”

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 ...

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...

FDNY EMS Officers File FLSA Class Action

Five FDNY EMS officers have filed suit against the city alleging they were wrongly denied compensation for pre- and post-shift meetings, in violation of the Fair Labor Standards Act. The suit alleges that the officers were required to be present for 15 to 30 minutes per shift to exchange of information with other officers at shift changes.

FLSA Subbing Followup

Today’s burning question: FF A agrees to trade a shift with FF B. FF B substitutes for FF A, but when it comes time for FF A to work for FF B, FF A calls in sick. Who should get charged for the sick day and does FF A’s absence impact FF B’s eligibility for FLSA overtime during that work period? Answer: #FLSAheadache

FLSA Facts for Firefighters: Clothing Allowance

Today’s burning question: Does a fire department have to factor in an item such as a clothing allowance when determining a firefighter’s hourly wage for overtime calculations? Answer: Under certain circumstances some or all of a clothing allowance may be considered compensation and thus includable in calculating the employee’s “regular rate”.

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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