Cleveland Ohio EMS Captain Files FLSA Suit Against the City

Captain Margerita Noland-Moore, a paramedic for the City of Cleveland’s Division of Emergency Medical Services, has filed a lawsuit against the city alleging she and as many as 300 other city EMS employees have been shorted overtime pay. The complaint, which was filed on November 26, alleges several specific violations of both the FLSA and Ohio law. According to the ...

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Post-Employment Rights to Accrued FLSA Comp Time, Vacation, and Sick Leave

Today’s FLSA Question: I recently resigned my position with a municipal fire department to take another position at a neighboring fire department. Before I left, I had accrued over 200 hours of FLSA compensatory time (comp time), 80 hours of vacation, and another 250 hours of sick leave. Now, my former department refuses to pay me for these hours. Can ...

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Firefighter/Medics as §207(k) Firefighters

Today’s FLSA Question: I am the chief of a small municipal fire department. In addition to myself, we have 21 full-time firefighter/medics that work an average of 56 hours per week. They rotate between all the apparatus, but the vast majority of their time is spent on the ambulances. A couple of firefighter/medics have stated they should receive overtime after ...

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Settlement Reached in Georgia Firefighters Regular Rate FLSA Lawsuit. . .Again

The Augusta-Richmond County Fire Department has reached a settlement with more than sixty- firefighters following allegations the county failed to include supplemental pay granted to firefighters for either EMT or Paramedic certification in the firefighter’s regular rate of pay. The FLSA requires virtually all remuneration — like compensation paid to firefighters for EMT or paramedic certification — included in a ...

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Right-to-Work States, Collective Bargaining, and the FLSA

Today’s FLSA Question: I am the president of my local firefighter’s union. I was told that since we live in a collective bargaining state and are not subject to right-to-work laws, knowledge of the FLSA is not essential for us. Is this true? Answer: Nothing could be further from the truth. The FLSA is a federal law. Virtually all of ...

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In FLSA Litigation. . .Time is not always on your side

Today’s FLSA Question: Several firefighters and I discovered our fire department was violating the FLSA. We brought the errors to the chief’s attention, and he quickly made corrections. The payroll problems pre-dated his tenure as chief and it was an honest mistake, however most firefighters are owed several years back wages. The chief assured us that he would discuss this ...

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California Voters Clear Path Around Costly Wage and Hour Laws for Some EMS Workers

California voters overwhelmingly approved a voter initiative entitled Proposition 11 – Emergency Ambulance Employee Safety and Preparedness Act” (Act) during last week’s mid-term election. In part, this new state law will require ambulance companies provide advanced training and improved access to mental health assistance for private sector ambulance workers. In addition, Proposition 11 also mandates paid rest periods for ambulance ...

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Sleep Time, Firefighters, and the FLSA

Today’s FLSA Question: I am the fire chief of a small paid fire department with a mixture of full-time and part-time firefighters. Our full-time firefighters work a 24/48 schedule for an average of 56 hours per week. The Town Council hired a new town manager last year. He is highly critical of our overtime budget. He has proven relentless in ...

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Mississippi City Faces FLSA Lawsuit from Former 911 Dispatcher

Cody Inman, a former 911 dispatcher for the City of Water Valley, Mississippi, has filed a federal lawsuit seeking back overtime and straight time wages in the U.S. District Court for the Northern District of Mississippi. The suit, which was filed November 8, 2018, alleges the city misclassified Inman as an “employee engaged in fire protection activities” (§207(k) firefighter) in ...

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