Tag Archives: first responder regulations

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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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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A battalion chief who recently left the Lumpkin County Fire Department has filed suit claiming she was improperly categorized as an exempt employee, and improperly denied overtime. Sharon Booth filed suit November 30, 2022 against seeking back wages for the past three years.

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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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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.

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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?

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