Tag Archives: overtime

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.

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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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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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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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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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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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Today’s burning question: My department pays us on a 14-day cycle. However, we work a 53-hour work week. For some reason, our department does not pay us overtime until we reach the 106-hour mark in the 2-week period. If we are on a 53-hour work week, why are we not paid overtime after we reach 53-hours in the week.

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Today’s Fire Law VLOG episode addresses two common questions that relate to the compensation of volunteer and part-time firefighters under the Fair Labor Standards Act.

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Today’s burning question: We have both shift captains (24 hours-on, 48 hours-off) and administrative captains (8 hour days – 5 days a week). Both are considered to be non-exempt (eligible for overtime). Why can't the department allow the administrative captains to work OT on shifts?

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In today’s episode, firefighter-attorney Brian Massatt answers an advanced overtime question on a firefighter who is substituting for another firefighter, and who ends up working beyond that firefighter’s scheduled shift. Today is the second day of the three-day FLSA Conference ...

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In this episode, Curt discusses an FLSA lawsuit filed by a Memphis firefighter, Jon Misewicz, over the issue of whether firefighters have to be compensated for attending mandatory paramedic training. Misewizc v. City of Memphis is the definitive ruling on the compensability of EMS training time for firefighters.

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A class action Fair Labor Standards Act suit brought last year by EMTs in Livingston County, Michigan has been settled for $150,000. The suit was brought by five EMTs who alleged that the county miscalculated their regular rate, which in turn led to a miscalculation of their overtime compensation.

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Fifty-eight members of Morgantown Firefighters IAFF Local 313 filed suit last week in Monongalia County Circuit Court, claiming the city has not been paying them for holiday pay in accordance with state law.

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A federal court jury has found that battalion chiefs in the Vancouver, Washington Fire Department qualify as exempt executives, and thus are exempt from the overtime requirements of the Fair Labor Standards Act. The decision was handed down earlier this year.

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