Tag Archives: OT

Fire Law Roundup for July 1, 2024

In this episode of Fire Law Roundup for July 1, 2024, Curt and attorney Bill Podszus discuss a lawsuit filed by seven LA City firefighters injured in the explosion of a CNG powered semi-truck; a litigation mess in Clarksburg, West ...

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Clarksburg Overtime Case Raises Questions About Retaliation

The Clarksburg, WV FLSA lawsuit covered last week has taken a turn with two additional proceedings coming to light. Firefighters actually filed two suits: the one we covered and a second suit filed in state court. In addition, the city terminated the fire chief who was a plaintiff in both suits.

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Alaska Fire Chief Seeks FLSA Overtime

The fire chief of Salcha Fire & Rescue, Inc., has filed suit in US District Court for the District of Alaska seeking compensation for overtime worked since 2021. Chief Darrell VandeWeg claims that his duties as fire chief do not qualify him for any of the white-collar exemptions that normally would apply to fire chiefs.

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Florida Chief Claims He’s Entitled to Overtime Pay

A Florida fire chief who resigned last December as part of a mass resignation, has filed suit against the fire district under the Fair Labor Standard Act claiming he was improperly designated as an exempt executive. Chief Jason Martin claims the Upper Captiva Fire Protection & Rescue Services District owes him overtime for all the hours he worked beyond 53 hours per week.

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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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