Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone

Tag Archives: per diem

FLSA and Per Diem Employees

Today’s burning question: Does the FLSA’s 7k Exemption apply to per diem firefighters? It would seem an employer could load up per diem employees and thereby manipulate hours to avoid overtime liability. Answer: You raise a good point about manipulation, but the FLSA makes no distinction between full-time, part-time, or per diem firefighters.

Part-Time Firefighter Overtime

Today’s burning question: Does a fire department have to pay overtime to a part-time firefighter who works more than 212 hours in a 28-day period? Answer: Yes. The FLSA does not distinguish between full-time and part-time employees. Any non-exempt employee ...

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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