Tag Archives: regular rate

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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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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Twenty-two San Luis Obispo firefighters have filed suit against the city alleging that they are being shortchanged on the rate they are paid for overtime. The suit filed November 30, 2016 asserts that the city failed to include “all remuneration” when calculating their “regular rate.”

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Today’s burning question: Does a fire department have to factor in an item such as a clothing allowance when determining a firefighter’s hourly wage for overtime calculations? Answer: Under certain circumstances some or all of a clothing allowance may be considered compensation and thus includable in calculating the employee’s “regular rate”.

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The Southern Marin Fire Protection District has settled an overtime compensation lawsuit filed earlier this year by forty-four firefighters. The firefighters sued in February claiming the district incorrectly calculated their regular rate, which is the rate that is to be used to determine the overtime rate.

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Forty-four current and former firefighters from Southern Marin Fire Protection District have filed suit in federal court alleging overtime compensation violations under the Fair Labor Standards Act.

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In this episode, firefighter-attorney Bill Maccarone explains a recent decision by the US 9th Circuit Court of Appeals in an overtime case brought by 82 firefighters from the Menlo Park Fire Protection District who alleged their overtime wages were not properly calculated. Listen as Curt and Bill discuss why the court ruled against the firefighters.

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The City of New Haven, Connecticut is facing a class action lawsuit filed by 174 present and former firefighters alleging a violation of the FLSA in terms of how much they were paid for overtime hours. The suit alleges that New Haven miscalculated the firefighters’ “regular rate” by not including “certification pay, education incentive pay, acting pay, haz-mat pay, and longevity pay” in the regular rate.

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The City of Battle Creek, Michigan has agreed to settle a Fair Labor Standards Act (FLSA) case with its firefighters for $1.5 million. The firefighters alleged that the city had been improperly calculating their overtime compensation.

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A Georgia firefighter has filed a class action suit claiming his fire department failed to include incentive stipends in overtime wages in violation of the Fair Labor Standards Act. Robert Morris filed suit in US District Court for the Southern District of Georgia last Thursday. He is employed by the Augusta-Richmond County Fire Department.

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