Tag Archives: regular rate

FDNY Fire Inspectors File FLSA Overtime Suit

Twenty-six fire inspectors for FDNY have filed suit in federal court claiming the city failed to pay them overtime compensation in accordance with the Fair Labor Standards Act. The inspectors claim they routinely work in excess of their regularly-scheduled forty hours per week, are not compensated for those extra hours unless they are pre-approved.

Massachusetts Firefighters Alleged Overtime Violations

Two Brookline fire lieutenants have filed a class action lawsuit claiming the town failed to pay them overtime as required by the Fair Labor Standards Act. Lieutenants Brian Bergeron and Paul Trahon filed suit in US District Court for the District of Massachusetts on behalf of 150 similarly situated firefighters.

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.

Alabama Firefighters Claim City Retaliated Against Them For Filing FLSA Suit

A lawsuit filed by 91 Alabama firefighters who claimed the City of Gadsden was violating the FLSA, has been amended to accuse the city of retaliating against them for having brought the suit. The firefighters filed their original suit in May alleging the city miscalculated their regular rate, resulting in overtime underpayments.

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.

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.

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.

San Luis Obispo FLSA Settlement Calls For $3k In Damages $54k in Attorney’s Fees

The City of San Luis Obispo has reached an agreement to settle a Fair Labor Standards Act overtime lawsuit filed by its firefighters. The suit filed in 2016 alleged the city failed to include certain payments in the overtime.

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.

Court Approves Settlement in California Firefighters’ Overtime Suit

A court-approved settlement has been reached between Modesto firefighters and the City of Modesto in a Fair Labor Standards Act lawsuit over the inclusion of health care buy-back in overtime.

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?

118 California Firefighters File FLSA Overtime Suit

Firefighters in Santa Rosa have filed a class action lawsuit claiming the city has been improperly calculating their overtime pay in violation of the FLSA. The suit was filed last week in federal court by 118 Santa Rosa firefighters.

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.

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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