Author Archives: Bill Maccarone

$1.25 Million Settlement Reached in FLSA Suit by TN Correctional Employees for Unpaid Work Before and After Scheduled Shifts

Madison County, Tennessee, has agreed to a $1.25 million settlement with over 100 county employees following an FLSA lawsuit filed earlier this year. In July 2019, Natasha Grayson filed the suit in the U.S. District Court from the Western District of Tennessee on behalf of herself and other similarly situated county employees. The suit quickly grew to include over 100 ...

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City of Wilmington and Firefighters at Odds Over New Shift

Following several years of sparring between the City of Wilmington, DE and its firefighters’ union, the city is proposing a drastic change to the firefighters’ work shifts. The city has submitted a proposal to a neutral third-party arbitrator calling for firefighters to move from a four-platoon to a three-platoon organizational structure as a way to save money. According to ABC ...

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AL City Resolves Underpayment of Overtime with City Firefighters

Rainbow City, AL has paid twenty-two city firefighters a total of $22,846.88 following a Department of Labor Wage and Hour investigation. The investigation looked at the way city firefighters were paid from August 2017 to August 2019. The investigation revealed the city failed to pay firefighters overtime and maintain records as required by the FLSA. Specifically, the city agreed to ...

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Training Required for Promotion and the FLSA

Today’s FLSA Question: I am an HR director for a mid-sized city. The fire chief wants to require all future officers possess NFPA 1041 (Fire Service Instructor) and 1021 (Fire Officer I) certification prior to getting promoted. The chief tells me these classes are frequently offered at the state fire academy at a minimal cost. The chief also believes these ...

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Georgia Battalion Chiefs File FLSA Suit

Three Newton County, Georgia Battalion Chiefs (BCs) have filed a federal lawsuit claiming the County’s Fire Department fails to pay them overtime in violation of the FLSA. Battalion Chiefs Bobby Cagle, Brian Massey, and Ralph “Trey” Stewart III filed the lawsuit in the U.S. District Court for the Northern District of Georgia, on November 27, 2019. Specifically, the three BCs ...

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Consecutive Hours Worked and the FLSA

Today’s FLSA Question: I am the fire chief of a mid-sized full-time fire department. Currently, our firefighters work 24-hour shifts; however, the firefighters’ union is proposing a move to 48-hour work shifts. I am open to the change, but I am concerned about firefighter fatigue and the effects of working shifts longer than 48 hours. We do not have a ...

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