Firefighters, Mandatory COVID-19 Testing & the FLSA

This is the second of several posts dedicated to answering questions asked by attendees at the recent FLSA for Fire Departments live webinar. If you have questions like this, please consider attending the next live webinar in February 2021. FLSA Question: We require mandatory weekly COVID tests for all of our firefighters. We pay off-duty firefighters four hours of overtime ...

Read More »

Fire Officers and Overtime: Emmons v. Chesapeake

In this episode of Fire Law VLOG, Curt and Bill Maccarone discuss the recent decision by the US Fourth Circuit Court of Appeals in the case of Emmons v. City of Chesapeake on the issue of whether battalion chiefs are eligible for overtime, or if they are exempt executives. Spoiler alert: if you are a BC you will not like the decision. ...

Read More »

Fourth Circuit Court of Appeals Extinguishes VA Battalion Chiefs OT Claims

In an important and highly anticipated decision, the United States Court of Appeals for the Fourth Circuit upheld a 2019 federal court decision denying FLSA overtime for seven Chesapeake, Virginia Battalion Chiefs without the need of a trial. While this decision, which was handed down unanimously by a three-judge panel last Friday, only applies to a small handful of battalion ...

Read More »

TN County Settles FLSA Misclassification Lawsuit with Two EMS Captains

Montgomery County, Tennessee has reached a settlement with two supervisory paramedics following a 2019 FLSA lawsuit for unpaid overtime. Emergency Medical Services Captain Gary Perry initially filed the lawsuit, on October 28, 2019. Perry’s main allegation related to the county’s failure to pay him and other EMS Captains overtime as required by the FLSA. Perry also claimed the county misclassified ...

Read More »

Virginia Beach Faces Overtime Lawsuit from EMS Captains

A small group of current and former EMS Captains for the City of Virginia Beach’s Emergency Medical Services Department have filed a federal lawsuit alleging the city’s pay practices violate both the FLSA and Virginia state law. According to the medics’ complaint, which was filed earlier this week in federal court, the city improperly classifies EMS Captains as overtime exempt ...

Read More »

Uniform Allowances and the FLSA

This is the first of several posts dedicated to answering questions asked by attendees at the recent FLSA for Fire Departments live webinar. If you have questions like this, please consider attending the next live webinar in February 2021. FLSA Question: Can uniform allowances paid to police officers and firefighters be excluded from the regular rate of pay? Does the ...

Read More »

Claims of Unpaid Overtime and Possible FLSA Retaliation for an Ohio City

A Columbiana Ohio, police officer recently filed a rather straight-forward lawsuit containing allegations of unpaid overtime. Patrolman Bryan Granchie, a K-9 officer for the Columbiana Police Department filed the lawsuit, in the U.S. District Court for the Northern District of Ohio, alleging the city failed to pay him for hours worked caring for his K-9 work partner “Csuti.” Lawsuits for ...

Read More »

Study Finds Some Tennessee Firefighters Paid Less than Federal Poverty Rate

The City of Chattanooga is facing criticism over firefighter pay. The criticism, leveled by local union officials, follows a 2019 payroll study in conjunction with recent claims made by city administrators’ that ALL city employees will be paid above the “Federal Poverty Rate.” First, a 2019 payroll study found Chattanooga firefighters earn significantly less than other area firefighters. The starting ...

Read More »