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

Tag Archives: Martinsburg Fire Department

Burning Question on Retaliation and the FLSA

Today’s burning question: My fire department has been miscalculating our overtime pay, so we filed suit under the Fair Labor Standards Act. The fire department responded by requiring a doctor’s note for all sick leave of two consecutive days or more. Isn’t that retaliation? Answer: Retaliation is a question of fact, but if the fire department did alter your working conditions the department could be facing additional damages for retaliation.

West Virginia Firefighters Sue for Holiday Pay

Thirty-seven current and former Martinsburg firefighters have filed suit claiming the city failed to pay them holiday pay in accordance with state law. The suit was filed in Berkeley County Circuit Court by IAFF Local 805 President Mark Stroop on behalf of three captains, six lieutenants, 26 firefighters and two retirees

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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