Tag Archives: overtime

Court Concludes Overtime Exemption for Company Officers Must Go To Jury

The US District Court for the Southern District of Ohio has ruled that a jury must decide whether company officers in the Eaton Fire Department are entitled to, or exempt from, overtime under the Fair Labor Standards Act. The suit was filed in 2019 by three captains and a lieutenant who claimed they were improperly classified as exempt executives.

Read More »

Lunch Breaks for Part-Time Employees

Today’s burning question: Do we have to pay part-time firefighter/EMS employees for their lunch break? Answer: First of all, the FLSA does not draw a distinction between full-time, part-time, or per diem employees. An employee is an employee.

Read More »

Mississippi Lieutenant Files Two Suits against City

A Mississippi fire lieutenant who claims he was passed over for promotion on several occasions, has filed two lawsuits in federal court against his department. Lt. Lonnie Johnson filed suit against the City of Laurel alleging a USERRA violation and a violation of the FLSA.

Read More »

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.

Read More »

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!

Read More »

RI Fire District Sued For Overtime Violations

A Rhode Island firefighter has filed a class action lawsuit alleging that a local fire district violated the overtime requirements of the Fair Labor Standards Act, and after being found to be in violation by the US Department of Labor, persisted in refusing to pay back wages owed. James Almagno filed suit today in US District Court naming the Central Coventry Fire District.

Read More »

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.

Read More »

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.

Read More »

Firefighters Sue CA Fire Protection District Over FLSA Overtime Violation

Seventeen California firefighters have filed suit alleging they were underpaid for overtime they worked because their department impermissibly excluded certain benefits from the rate of pay used to calculate their overtime compensation. The firefighters, members of the Borrego Springs Fire Protection District, filed the class action lawsuit yesterday.

Read More »

Las Vegas Settles FLSA Claim for $560k

A Las Vegas firefighter who claimed he worked thousands of extra hours while off-duty has obtained a $560,000 settlement from the city. Eric Scheumann filed suit in US District Court for the District of Nevada in 2018 claiming a violation of the Fair Labor Standards Act and Nevada state wage and hour laws.

Read More »

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.

Read More »