Tag Archives: OT

Florida Firefighters File FLSA Suit Over Training Time

Four Florida firefighters have filed suit claiming their department required them to attend job-related training and failed to compensate them for the time. David Garner, Brian Ostos, Alejandro Osorio, and Joseph Quinn filed suit this week in US District Court for the Northern District of Florida naming the Destin Fire Control District.

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COVID Pay Prompts DC FLSA Overtime Suit

A District of Columbia firefighter has filed a class action lawsuit alleging the city failed to include COVID premium pay in his overtime, as required by the Fair Labor Standards Act. Jason Collins filed suit today in US District Court for the District of Columbia on behalf of himself and all similarly situated DC firefighters.

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Fire Officers and Overtime: Emmons v. Chesapeake

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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Fire Law Vlog: FLSA Overtime for Firefighters Assigned to EMS Units

In this edition of Fire Law Vlog, Curt and Bill Maccarone discuss a recent decision out of Texas holding that firefighters at DFW assigned to EMS do not qualify for the 207k exemption. Why is that a big deal? Because without the 207k exemption they are entitled to overtime after 40 hours per week, not 212 hours in 28 days!

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Fire Law VLOG – FLSA for FDs Update

In this edition of Fire law Vlog, Curt and Bill Maccarone discuss the upcoming webinar on firefighter overtime and compensation, FLSA for Fire Departments. The US Department of Labor has made several important changes to wage and hour law over the past few months that will inevitably impact fire departments.

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West Virginia Firefighters Sue Over Holiday Pay

Firefighters in the City of Huntington, West Virginia have filed suit against the city claiming they were underpaid for holidays. All 83 of Huntington’s firefighters were listed as plaintiffs and the city was named as the sole defendant, in the suit filed today in Cabell County Circuit Court.

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Nevada Firefighters Claim Overtime Violation Under FLSA

Two Nevada firefighters have filed a class action suit claiming they and their collogues have been wrongly classified as exempt from overtime. Victor Yohey and Chris Tillisch filed suit last week against the Storey County Fire Protection District in US District Court for the District of Nevada alleging a violation of the Fair Labor Standards Act.

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Overtime Regs to Change in 2020

The US Department of Labor has formally issued new regulations that will change the way the Fair Labor Standards Act will be applied starting January 1, 2020. Two of the most important changes are an increase in the minimum salary for “white-collar” employees and changes to the calculation of an employee’s overtime rate.

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Fire Law Vlog: Georgetown FLSA Updates

In this edition of Fire Law Vlog, Curt and Bill Maccarone discuss some new updates to the FLSA that will be discussed in the upcoming FLSA for Fire Departments conference this week in Georgetown, Texas. Among the changes are amendments to the US Department of Labor regulations addressing the EAP exemptions as well changes to regular rate and fluctuating workweek.

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Burning Question on Salary and Shift Work

Today’s burning question: Can a firefighter who works 24 hours-on, on 48 hours-off be put on salary? Answer: There are so many issues within your question. The first point has to do with your use of the term salary. A salary is simply one way an employee can be paid. Employees can be paid...

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Burning Question on FLSA, Hours Worked, and Training

Today’s burning question: If a firefighter is given their scheduled shift off to attend training, do we count the hours that the firefighter was scheduled to work as time worked for overtime purposes? If a firefighter is scheduled to work 240 hours in a 28-day work period, and the department gives the firefighter two 24-hour shifts off to attend a class, is the firefighter still entitled to 28 hours of overtime for that work period?

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Origins of the 7K Firefighter Overtime Exemption

Today’s burning question: I was wondering if you knew the origin of the firefighter exemption from the 40-hour work week? Has there ever been a push to remove that exemption? Answer: The law you are referring to is the Fair Labor Standards Act, and more specifically 29 USC 207k within the act.

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