Author Archives: Bill Maccarone

California City settles FLSA dispute with firefighters for over $1 million

The City of Chula Vista, California has agreed to pay over 100 firefighters just over $1 million in back wages and other damages for FLSA violations. The firefighters filed a lawsuit to recover back wages and additional damages in August of 2016. The firefighters claimed the city failed to calculate the regular rate of pay correctly. Proper calculation of the ...

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Mississippi city owes police officers more than $850,000 in back FLSA wages

Approximately 119 police officers from Tupelo, Mississippi will be receiving more than $857,000 in back wages following a Department of Labor (DOL) Wage and Hour Division investigation. The DOL determined the city’s “police department failed to adequately record hours worked by police officers” and did not maintain proper records related to “overtime hours or compensatory time owed to officers” as ...

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South Carolina fire department still searching for ways to reduce mandatory overtime – FireFighterOvertime.Org – Follow-Up

Horry County Fire Rescue wants to hire at least 15 new part-time firefighters. The part-time firefighters would be utilized as “fill-ins” for full-time firefighters in an effort to reduce mandatory overtime in the department. Mandatory overtime is not a new problem for Horry County Fire Rescue. Here is a story from this past summer that first detailed the County’s mandatory ...

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California firefighters claim city violated FLSA

Thirteen Hermosa Beach, firefighters have filed a lawsuit in U.S. District Court for the Central District of California alleging violations of the Fair Labor Standards Act (FLSA). The firefighters claim the city improperly calculated the regular rate of pay and failed to pay overtime for all hours worked each work period. Properly calculating the regular rate is critical since FLSA ...

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Cell Phones and the FLSA

Today’s FLSA Question: I run payroll for a small, full-time paid fire department. In lieu of department-issued cell phones, the fire chief has proposed a $50-per-month flat cell phone reimbursement for members of the command staff. The command staff (non-exempt) are required to have phones and must be available in case of an emergency. Does the FLSA require this reimbursement ...

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Daylight Savings Time and the FLSA

Today’s FLSA question: I am a paid firefighter. I worked a 24-hour overtime shift a couple of Saturday’s ago. Although I didn’t realize it at the time, it was the last day of daylight savings time. I worked 25-hours instead of 24-hours. But, I was only paid for 24-hours of overtime. Doesn’t the FLSA require payment for all 25-hours? You ...

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No More Mandatory Overtime for Las Vegas Metro Police. . .For Now. . .

The Las Vegas Metropolitan Police Protective Association, the union that represents Las Vegas Metropolitan Police Officers has won a temporary restraining order preventing the police department from mandating overtime for city police officers. The union is claiming certain provisions contained in the current collective bargaining agreement (CBA) between the city and police officers do not allow for mandatory overtime. The ...

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Louisville Police Under Fire for Overtime Practices

In an effort to curb increases in violent crime, the Metro Louisville City Council approved an additional $1.2 million in overtime for city police officers in December of 2016. The money was to be used to increase patrols in certain high crime neighborhoods for an entire year. Now the police department is facing scrutiny on how the money was spent. ...

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Disciplinary Suspensions and the FLSA

Today’s FLSA Question: I am a deputy fire chief in charge of administration and personnel. Our firefighters work a 24/48 schedule with a 21-day work period and an assigned Kelly day every third week. We recently suspended (without pay) a firefighter for two 24-hours shifts following a serious disciplinary matter. Instead of serving the suspension as planned, the firefighter has ...

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Georgia Firefighters Upset Over Mandatory Overtime

A group of current and former firefighters in Gwinnett County, Georgia, have begun a grassroots campaign attempting to raise community awareness about mandatory overtime. The group, which is led by a retired firefighter claims excessive overtime in the Gwinnett County Fire and Emergency Services Department is costing the county millions of dollars while jeopardizing the safety of both firefighters and ...

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