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

Tag Archives: non-exempt work

Can Substitutions Impact Exempt Executive Status

Today’s burning question: If a battalion chief who is classified as an exempt executive is allowed to trade time with captains or lieutenants that are "non-exempt", would that have any bearing on whether the battalion chief qualifies as exempt or not? Answer: There are two tests to determine whether an employee is an exempt executive: the salary test and the primary duty test. An employee must satisfy both tests in order to be exempt and ineligible for overtime under the FLSA.

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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