Tag Archives: regular rate

Fire Law Roundup – Special Edition on FLSA Case Update

In this special edition of Fire Law Roundup, Bill Maccarone and Curt discuss two recent FLSA cases in the fire law news. The first involves a suit out of Honolulu alleging a violation of the FLSA. The second is a $1.6 million settlement of an overtime suit out of Milwaukee.

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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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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.

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FLSA Suit in Michigan Settled for $150k

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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California Firefighters Battle With Mayor

This past weekend, a local newspaper in California wrote about a nasty dispute between the mayor of the City of La Verne and the La Verne Firefighters, IAFF Local 3624, that has prompted two separate federal court lawsuits in recent months.

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What Should A Salary Be Divided By To Determine Hourly Rate

Today’s burning question: Our city calculates our hourly pay by dividing our salary by 56 hours, not 53 hours. In other words, our hourly rate for overtime purposes is calculated by dividing the weekly salary by 56 hours. Shouldn’t they use 53 hours since the FLSA states that is the maximum allowable number of hours per week for firefighters?

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Lexington Settles OT Dispute for $17.7 Million

Lexington-Fayette Urban County Government has agreed to settle a long-standing overtime dispute with its firefighters for a reported $17.7 million. The case was originally filed in November, 2005 in Fayette Circuit Court by firefighters who claimed the county miscalculated their overtime compensation.

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Fire Law Podcast Episode 15: FLSA and the Regular Rate

In this episode, Curt and Bill Maccarone continue their discussion about overtime issues in the fire service with an overview of "regular rate". Regular rate refers to the amount of hourly compensation that must be multiplied by 1.5 to determine the overtime rate. While that may seem simple, its application is anything but.

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California Firefighters File Overtime Suit Over Health Care Buy-Back

Today’s burning question: Does a fire department have to include payments made in lieu of accepting health benefits in a firefighter’s regular rate for purposes of calculating overtime? Answer: Yes, and that is one of the central issues in an FLSA suit that firefighters with the Marinwood Community Services District filed claiming the district has been improperly calculating their overtime.

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2016 FLSA Roundup

Throughout 2016, the Fair Labor Standards Act continued to loom as one of the most important laws for fire departments. Here are the top 2016 FLSA for Fire Departments headlines, in rank order of importance:

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