Author Archives: Bill Maccarone

California County Settles FLSA Suit for Overtime at Sheriff’s Training Academy

The County of Riverside, California, has settled a lawsuit filed by 24 former trainees over unpaid overtime. The 24 claimed the county failed to pay trainees for all hours worked during their 26-week training academy. The lawsuit was initially filed by Matthew Dashiell, a former sheriff’s deputy trainee. Dashiell was a trainee at the sheriff’s department training academy in 2013. ...

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Louisiana Medics Fight Sleep and Meal Time Deductions – Want to Be Paid for All 168 Hours Per Workweek. . .

Four Louisiana paramedics claim their employer, the Parish of Plaquemines, Louisiana, failed to pay them any time and one-half over the past three years, despite working 7-day, 168-hour work shifts. The complaint, which was filed last week in U.S. District Court for the Eastern District of Louisiana contains some very unique and interesting facts. We have allegations of unpaid overtime, ...

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Virginia Battalion Chiefs File Lawsuit Seeking Overtime Pay

Seven Battalion Chiefs from the Chesapeake Fire Department, in Chesapeake, Virginia, have filed a federal lawsuit looking for overtime pay. The Battalion Chiefs claim the city violated both the Fair Labor Standards Act and Virginia Gap Pay Act. The complaint, which was filed on July 24, 2018, in the United States District Court for the Eastern District of Virginia, alleges ...

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$4.1 Million Settlement for California Firefighters

More than 2,000 current and former California state firefighters will receive a total of $4.1 million in back wages following a settlement with the state of California. According to the Sacramento Bee, the back wages stem from hours worked while the firefighters were trainees at the California Department of Forestry and Fire Protection Academy. These firefighter cadets were paid for ...

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California City and Firefighters Reach Global Settlement following a 2016 FLSA Lawsuit

The City of San Luis Obispo has reportedly reached a settlement with city firefighters following a 2016 federal lawsuit regarding overtime pay. The firefighters alleged the city failed to include money paid in-lieu of receiving employer sponsored medical benefits in the firefighter’s regular rate of pay. Properly determining a firefighter’s regular rate is critical, since all FLSA overtime must be ...

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Tuition Reimbursement and the FLSA

Today’s FLSA question: Our city reimburses firefighters’ tuition costs for college classes related to fire science. In order to qualify for the reimbursement program, participating firefighters must have at least two years of service with our department prior to taking any classes, and they must earn a grade of “B” or better in the class. The city reimburses all money ...

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Wisconsin Medics Claim Townships Failed to Pay Overtime

Two former paramedics for the Great Divide Ambulance Service (GDAS) have filed a federal lawsuit alleging GDAS and four different Wisconsin Townships failed to pay overtime in violation of the Fair Labor Standards Act (FLSA). The pair claim the Townships of Drummond, Cable, Grand View, and Namakagon, Wisconsin created GDAS as a “joint venture” to provide emergency medical services to ...

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Two Hourly Rates, Same Work Period, and the Regular Rate

Today’s FLSA Question: I am the finance manager responsible for our fire department’s payroll. Our firefighters receive higher hourly rates when working in a higher rank. For example, last week a firefighter worked 24 hours as a firefighter and another 48 hours as a lieutenant. How can I calculate a firefighter’s regular rate when he or she is paid two ...

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Are Day-Time Firefighters Still Eligible for §207(k) Exemption?

Today’s FLSA Question: I am the fire chief for a small full-time fire department. We just received funding to add an additional fire officer for peak “day-time” hours. The new lieutenant will work Monday thru Friday from 7am to 5pm. During the daytime shifts the lieutenant will regularly respond to alarms as a safety officer, chief’s aid, and even as ...

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