Tag Archives: FLSA

Fire Law Roundup for August 15, 2022

In this episode of Fire Law Roundup for August 15, 2022, Brad and Curt discuss an amended lawsuit claiming 91 Gadsden, Alabama firefighters were retaliated against for filing an FLSA suit; a suit by a Rochester, New York firefighter who ...

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Fire Law Roundup – April 25, 2022

In this episode of Fire Law Roundup, Brad and Curt discuss a decision reinstating a firefighter in New Orleans; an FLSA overtime suit by a captain in Louisiana; a suit challenging a union’s right to grieve the dismissal of a probationary firefighter; an award of $369k against FASNY; and a case refusing to invalidate a marriage between two Indiana firefighters.

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Burning Question on Different Rates Of Pay

Today’s burning question: Can a municipality change your pay rate depending on the job/situation? Answer: There is nothing in the Fair Labor Standards Act that prohibits an employer from playing employees different rates of pay when working in different jobs, or even working the same job at different times.

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Burning Question: FLSA, Overtime and Consecutive Hours

Today’s burning question: I work for a small department that relies heavily on overtime to fill shifts to meet minimum staffing levels. I heard there is a limit to how many consecutive hours a firefighter can work. The number 48 has been used and rumor has it that it is an FLSA issue. Is there a limit to the hours that a firefighter can work?

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Counting Vacation and Sick Time As Hours Worked

Today’s burning question: If a collective bargaining agreement requires a fire department to count vacation time and sick time as hours worked for overtime purposes, do these hours have to count toward hours worked for FLSA overtime purposes? Answer: No. The Fair Labor Standards Act only requires ...

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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.

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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.

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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

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KCMO Facing Another EMS FLSA Suit

Kansas City, Missouri is facing another fire department related FLSA lawsuit over the way it pays its EMS personnel. The class action lawsuit claims that despite losing EMS related FLSA lawsuits in 2014 and 2015 that cost the city $3.5 million, it continues to miscalculate overtime for its EMS personnel.

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Does The FLSA Always Trump The CBA?

Today’s Burning Question: Can a collective bargaining agreement trump the FLSA? I heard the FLSA trumps everything, including a CBA. Answer: While the FLSA certainly can trump CBAs, that is not always the case. The best perspective is to consider the FLSA to be the floor below - which an employer cannot go.

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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:

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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...

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