DOL Makes FLSA Mistakes More Costly for Employers

On April 9, 2021, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD)—the arm of the DOL responsible for enforcing the FLSA—officially rescinded a controversial employer-friendly enforcement practice implemented less than a year ago. As a general rule, the FLSA requires liquidated damages be assessed after finding an employer violated the Act’s minimum wage or overtime requirements. Liquidated ...

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Alabama Fire Inspectors File FLSA Overtime and Retaliation Lawsuit

The City of Selma, Alabama is the latest city facing an FLSA lawsuit filed by city firefighters. Three Assistant Fire Marshals/Fire Inspectors filed the suit, in the U.S. District Court for the Southern District of Alabama, on April 19, 2021. Richard C. Byrd, Willie J. Mason Jr., and Aeneas L. Pettway allege that the city failed to pay them overtime ...

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Federal Correctional Employees File Lawsuit Over Hazardous Duty Pay

A group of 225 current and former federal correctional employees filed a lawsuit last week alleging that the U.S. Department of Justice has failed to pay them required hazardous duty pay and environmental differential pay. Additionally, the plaintiffs also allege violations of the Fair Labor Standards Act (FLSA). The plaintiffs are all current and former employees at the Allenwood Federal ...

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Firefighters, Mandatory Overtime, and the FLSA

Today’s FLSA Question: I have a question about mandatory overtime and the FLSA. If a firefighter is ordered to work an extra shift, doesn’t the FLSA require time and one-half pay for that shift? This is my situation. I am a full-time paid firefighter/paramedic. We work a 24/48 schedule with an assigned Kelly Day every three weeks. This combination results ...

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Shift Trades and Fire Department Recordkeeping Likely to Play A Crucial Role in Former Firefighter’s Discrimination and Harassment Lawsuit

The Kansas City, Kansas Fire Department is facing a harassment and discrimination lawsuit filed by a former city firefighter. The lawsuit, brought by former firefighter Jyan Harris in 2018, alleges the city improperly fired him in for “double-dipping” on several occasions in 2015. Harris’s trial began last Thursday, and early indications show that the Kansas City Fire Department’s recordkeeping practices ...

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West Virginia Holiday Pay Dispute Wages On

Firefighters in Morgantown, West Virginia have demanded a public hearing with the city’s civil service commission following allegations of retaliation for refusing to settle a 2019 lawsuit over holiday pay. In June 2019, fifty-eight Morgantown firefighters filed the lawsuit alleging the City of Morgantown violated a West Virginia law that requires either paid time off, or time-and-one-half pay for all ...

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Judge Rules that Kansas City Firefighters’ FLSA Lawsuit can Continue

A federal magistrate Judge has ruled that an FLSA overtime lawsuit brought by more than 450 Kansas City, Missouri firefighters can continue as a collective action. The lawsuit, which was initially filed in 2019 by only two city firefighters, had grown to include more than 450 total firefighters. The city argued the firefighters lacked a “common interest” and as a ...

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Settlement Reached in Indiana FLSA Retaliation Lawsuit

The City of Tipton, Indiana has reached a a settlement with a veteran firefighter following an FLSA overtime and retaliation lawsuit. The Tipton City Council unanimously approved a maximum settlement of $18,763.42 to resolve a lawsuit filed last fall by veteran city firefighter Chad Frazier. Firefighter Frazier brought the lawsuit in September of 2020, alleging the city failed to pay ...

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TX Firefighters Frustrated with Payroll Problems Months After Cyber-Attack Consider FLSA Suit

The City of Texarkana, Texas is struggling to rebuild its internal payroll functions following a December 2020 cyber-attack. The attack, which corrupted and destroyed payroll data maintained by the city’s finance and human resource departments was initially discovered on December 6, 2020. In response to the breach, the city continued to pay impacted employees based on the last known accurate ...

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NC Paramedic Files FLSA Overtime Lawsuit Against County

A Wake County, North Carolina paramedic has filed a federal lawsuit alleging the county’s time tracking system fails to pay paramedics overtime as required by the FLSA. Paramedic Steven Gorrell filed this lawsuit, on behalf of himself and other similarly situated individuals, in the U.S. District Court for the Eastern District of North Carolina on March 16, 2021. [As a ...

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