Tag Archives: overtime

Fire Law Roundup – April 25, 2022

In this episode of Fire Law Roundup, Brad and Curt discuss a decision reinstating a firefighter in New Orleans; an FLSA overtime suit by a captain in Louisiana; a suit challenging a union’s right to grieve the dismissal of a probationary firefighter; an award of $369k against FASNY; and a case refusing to invalidate a marriage between two Indiana firefighters.

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Louisiana Captain Files FLSA Class Action Suit

A Louisiana fire captain has filed suit claiming he and his colleagues were not paid overtime for the hours they worked that were in excess of the statutory maximum under the Fair Labor Standards Act. Brian Jackson filed suit in US District Court naming the Livingston Parish Fire Protection District 5

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Fire Law Roundup for February 7, 2022

In this episode, Bill Maccarone and Curt discuss last week's headlines, including an FLSA lawsuit out of Tulsa, OK; the settlement of a race discrimination suit out of Everett, WA; the dismissal of the federal claims against Miami-Dade Fire Rescue over an EMS run; a Massachusetts Civil Service ruling overturning the termination of a deputy chief, but demoting him to firefighter; and the filing of a COVID-related wrongful death suit against an Oregon fire department.

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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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FLSA Suit Settled in Oklahoma

A lawsuit filed last year by 31 Chickasha, Oklahoma firefighters contending the city violated the Fair Labor Standards Act has been settled for $141,710.91. The firefighters claimed that the city failed to include longevity pay in their regular rate when calculating overtime compensation.

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Burning Question: Cancelling Kelly Days

Today’s burning question: Can a fire department cancel a firefighter’s assigned Kelly Day without violating the Fair Labor Standards Act? For example, if firefighters work a 24/48 schedule with Kelly Days every third work period, can the department contact personnel scheduled to be off on a Kelly Day, and require them to work?

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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.

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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.

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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.

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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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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.

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