Firefighter Overtime Discussing Fair Labor Standards Act (FLSA) for Firefighters, First Responders as well as Human Resource & Finance Professional
The State of Louisiana has a unique state law that requires most firefighters in that state receive a uniform minimum salary amount and longevity pay after three years of continuous service. In 2008, a group of thirty-two current and former Bastrop, Louisiana firefighters filed a lawsuit in state court alleging the city’s pay practices violated this state law. In 2014, the court found for the firefighters and ordered the city to establish a pay plan in accordance with state law (See LA Rev Stat § 33:1992). Despite the court’s findings, the city refused to change pay practices. Now, after years of legal wrangling, city firefighters are set to receive a total of $1,673,805.91 in back wages and interest thanks to local voters.
According to KNOE News Channel 8, the voters of Bastrop narrowly approved a special property tax enacted specifically to pay city firefighters this back pay award, as well as pay firefighter salaries as required by law moving forward. According to current Bastrop Mayor Henry Cotton, the firefighters have not been paid correctly for more than 20 years and deserve to receive pay as required by state law. Click here for more on the story from KNOE News Channel 8.
While the issues between the City of Bastrop and its firefighters do not involve the FLSA, this story serves as a healthy reminder of how local wage and hour laws can also impact a firefighters pay. For past attendees of the FLSA for Fire Department webinar and seminar series, it also explains some of the unique questions often posed from our brothers and sisters from the Pelican State. Here is the text of this very unique LA statute:
TITLE 33 – Municipalities and Parishes
§1992. Minimum salaries
A. The minimum monthly salaries of firemen in municipalities having a population of twelve thousand or more and in the city of Bastrop and of all parish and fire protection district paid firemen, including salaries payable out of the avails of any special tax provided by the Constitution of Louisiana for increasing the pay of firemen, shall be in accordance with the following schedule, and such salaries shall be paid semi-monthly not later than the fifth and twentieth day of each calendar month:
(1) A fireman shall receive a minimum monthly salary based on a regular hourly rate of pay compliant with the Fair Labor Standards Act, 29 U.S.C. 201 et seq. This salary shall be exclusive of supplemental pay received pursuant to R.S. 40:1666.1.
(2) Engineers shall receive a minimum monthly salary of not less than ten percent above that of a fireman.
(3) Lieutenants shall receive a minimum monthly salary of not less than fifteen percent above that of a fireman.
(4) Captains shall receive a minimum monthly salary of not less than twenty-five percent above that of a fireman.
(5) Battalion chiefs and district chiefs shall receive a minimum monthly salary of not less than forty percent above that of a fireman.
(6) Assistant chiefs and deputy chiefs shall receive a minimum monthly salary of not less than fifty percent above that of a fireman.
(7) A mechanic or assistant mechanic, or any other person doing this type of work for the fire department, shall receive a minimum monthly salary of not less than twenty-five percent above that of a fireman.
(8) A superintendent of fire alarm system, or any other person doing this type of work for the fire department, shall receive a minimum monthly salary of not less than forty percent above that of a fireman.
(9) A fire alarm operator or dispatcher, or any other person doing this type of work for the fire department, shall receive a minimum monthly salary of not less than twenty-five percent above that of a fireman.
(10) A fire inspector shall receive a minimum monthly salary of not less than twenty-five percent above that of a fireman.
(11) Repealed by Acts 2011, 1st Ex. Sess., No. 20, §2, eff. June 12, 2011.
(12) The provisions of R.S. 33:1992(A)(9) shall not be applicable to any person employed by the city of Morgan City.
B. From and after the first day of August, 1962, each member of the fire department who has had three years continuous service shall receive an increase in salary of two percent and shall thereafter receive an increase in salary of two percent for each year of additional service up to and including twenty years. Both the base pay and accrued longevity shall be used in computing such longevity pay.
C. This Section will go into effect January 1, 1969*.
D. In the city of Shreveport, a fire alarm operator or dispatcher, or any other person doing this type of work for the fire department of the city, shall receive a minimum monthly salary of not less than twenty-five percent above that of a fireman.
Amended by Acts 1956, No. 219, §1; Acts 1962, No. 132, §1; Acts 1968, Ex.Sess., No. 55, §1, eff. Jan. 1, 1969; Acts 1986, No. 342, §1, eff. Sept. 1, 1986; Acts 1991, No. 441, §1; Acts 2001, No. 950, §1, eff. June 26, 2001; Acts 2011, 1st Ex. Sess., No. 20, §§1, 2, eff. June 12, 2011; Acts 2014, No. 869, §1.
*As appears in enrolled Act.
