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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$247k Settlement in Oklahoma Fire Marshal’s Unpaid OT and FLSA Retaliation Lawsuit

Stan Smith, a former Fire Marshal for the City of Sand Springs, Oklahoma Fire Department has agreed to a $247,500 settlement with the city following his 2017 lawsuit over unpaid overtime. Smith filed a rather common straight-forward FLSA lawsuit in September 2017. Smith alleged that he regularly performed work during his unpaid scheduled lunch hour. The FLSA requires employers pay ...

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Tennessee County Facing FLSA Suit from Medic

Gary Perry, a paramedic for Montgomery County Emergency Medical Services, has filed a federal lawsuit alleging the county fails to pay him and other similarly situated medics overtime as required by the FLSA. According to Perry’s complaint—which was filed in the U.S. District Court for the Middle District of Tennessee on October 28—the county does not provide Perry and other ...

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