Tag Archives: FLSA

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

Part-Time Firefighter Overtime

Today’s burning question: Does a fire department have to pay overtime to a part-time firefighter who works more than 212 hours in a 28-day period? Answer: Yes. The FLSA does not distinguish between full-time and part-time employees. Any non-exempt employee ...

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.

FLSA Burning Question: Can a Firefighter Also Be Employed as a Bus Driver?

Today’s burning question: I am a career firefighter plus I work part time for my city as a bus driver. Can the city pay me different rates of pay and does the city have to include the hours from my bus driving job when calculating overtime for my fire department job?

Burning Question – Does the FLSA Prohibit Paying Hourly Employees a Salary?

Today’s burning question: Our firefighters work a standard 24-48 hour schedule, with a 14 day work period coinciding with a 14 day pay cycle. Under this system firefighters work 96 hours one pay period, 120 hours the next, and 120 hours the next, on a repeating basis throughout the year.

Chicago Smartphone Overtime Case Shows Wisdom of Following The Policy

A federal court in Chicago handed down an important ruling on overtime in the digital age earlier this month. While the case involved the off-duty use of a smartphone by a Chicago police officer, the facts could apply to virtually any profession including firefighters.

Should Additional Hours Be Paid as Overtime or Straight Time

Today’s burning question: Our attorney is claiming we are wrong to pay overtime to firefighters unless they physically work 212 hours in a 28-day period. We have always paid overtime to our personnel for all hours over and above a firefighter’s assigned work schedule. Is he right?

Fire Law Podcast Episode No. 9 – FLSA Ruling by 9th Circuit in Firefighter Overtime case

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.

Charleston Firefighters’ FLSA Suit Continues

A ruling by the US District Court in South Carolina is permitting an FLSA suit against the City of Charleston to proceed. The suit filed in 2013 by six Charleston firefighters alleges that the city’s application of the “fluctuating workweek” concept violates the FLSA in a number of ways, including the failure to properly compensate them for overtime and in certain cases paying them less than the federal minimum wage

New Haven Firefighters File FLSA Overtime Suit

The City of New Haven, Connecticut is facing a class action lawsuit filed by 174 present and former firefighters alleging a violation of the FLSA in terms of how much they were paid for overtime hours. The suit alleges that New Haven miscalculated the firefighters’ “regular rate” by not including “certification pay, education incentive pay, acting pay, haz-mat pay, and longevity pay” in the regular rate.

Indiana Ambulance Company Faces FLSA Class Action Suit

An Indiana EMT has filed a class action lawsuit against an ambulance company he worked for claiming the company routinely violated the Fair Labor Standards Act by requiring personnel to work in excess of 40 hours per week without paying overtime. Steven Schroers filed suit last week in US District Court for the Northern District of Indiana against Prompt Medical Transport, Inc. and three of its senior managers.

Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone