The Summerville Fire and Rescue Department in Summerville, South Carolina is the latest fire department to move away from paying its firefighters under the fluctuating workweek (FWW) method of overtime compensation. Summerville firefighters will no longer receive salary-based pay under the FWW and instead will be compensated by the hour. The move is expected to cost the city an additional ...

Today’s FLSA Question: Our employment contract contains a provision entitled “annual vacation buy-back,” which allows firefighters to cash out up to 100 hours of unused vacation hours annually. The hours are paid at the firefighter’s hourly rate at the time of buy-back. Does this “buy-back” money for unused vacation time need to be included in the firefighter’s regular rate? Excellent ...

Former Killian, Louisiana, Police Chief Dennis Hill has been indicted on felony malfeasance charges for allegedly requesting payments for overtime he never worked. The felony charge comes on the heels of an investigation conducted by the Louisiana Legislative Auditor into the former chief’s actions. Despite numerous claims of alleged criminal conduct within the auditor’s report, the grand jury only indicted ...

Today’s FLSA Question: I am the HR director for a small city. Before taking this job I worked for many years as an HR manager in the private sector. I am struggling with some of the unique components of the FLSA that only apply to public sector workers. I am especially concerned about some of the practices within the fire ...

In an unusual decision from the U.S. District Court for the Middle District of Georgia, a former fire investigator for the Columbus Consolidated Government Fire and EMS Department (CCG Fire & EMS) was denied overtime pay under a very limited and unique provision of the FLSA. It is too soon to know if the former investigator will appeal. However, there ...

The City of Albuquerque, New Mexico, has reached an agreement with the International Association of Firefighters (IAFF), Local 244, which represents the city’s firefighters for a one-time $8 million payment to settle an almost decade long pay dispute. In 2008, the city and firefighters entered into a three-year collective bargaining agreement (CBA) in which the city promised to provide a ...

Today’s FLSA Question: Does longevity pay need to be included in a firefighter’s regular rate of pay? What if the firefighter receives longevity pay in a lump sum every year? Yes, most longevity payments need to be included in the regular rate. Whether the money is paid annually, quarterly, weekly, or even hourly does not change this fact. Receiving longevity ...

Today’s FLSA Question: I am the HR director for a suburban town. The fire chief is going to be out on medical leave for several months. The senior assistant chief will be moved up to fill in for the chief in his absence. Senior fire department staff (chief and both assistants) are overtime exempt. Even though it is not required, ...

Today’s FLSA Question:  I am a fire lieutenant and the president of my local firefighters’ union. We work a 48/96 schedule (48 hours on duty followed by 96 hours off), and utilize a 14-day work period. I know the FLSA requires overtime for all hours worked over 106 in a 14-day work period. We have a unique provision in our ...

There are numerous misconceptions surrounding the FLSA. Included in these misconceptions is that the FLSA does not apply to part-time, per diem, or paid-on-call firefighters. Nothing could be further from the truth. The FLSA does not draw any distinction between full-time or “less than full-time” employees. The general rule is that all employees are subject to the requirements of FLSA. ...