Today’s FLSA Question: I am a full-time paid firefighter that works a 24/48 schedule for an average of 56 hours per week. Historically, firefighters in our city received all of their FLSA overtime in one big check at the end of the year. The city maintained a running record of all the overtime pay firefighters were owed from scheduled work ...Read More »
A New York jury has found the City of New York violated the FLSA by not paying EMTs for the time spent working before and after assigned shifts. The lawsuit was filed in the U.S. District Court for the Southern District of New York, on February 13, 2013 by more than 2,500 FDNY EMTs and paramedics. According to attorneys representing ...Read More »
A lawyer representing a group of Blytheville, Arkansas firefighters is gearing up to sue the City of Blytheville for unpaid wages. According to NewsChannel 3, the lawyer sent a “demand letter” to city officials indicating the intent to file an FLSA lawsuit over a city policy that requires city firefighters be on-call 24-hours per day, seven days per week in ...Read More »
Today’s FLSA Question: I am a public safety dispatcher for a small town. We are scheduled to work five 8-hour shifts per week. Only one dispatcher is on-shift at a time. We are required to be in the dispatch center and ready to work by the start of our assigned shift. We are also required to log into the computer ...Read More »
Santa Clara Agrees to Pay Firefighters and Other City Workers $2.7 million for Alleged FLSA Violations . . . Again
The City of Santa Clara, California has settled an FLSA lawsuit by agreeing to pay more than 650 current and former city employees a total of $2.7 million. While the terms of the settlement require the city to make payments to over 650 potential plaintiffs, the vast majority of which are non-firefighters, we will focus on how the settlement applies ...Read More »
Three recently retired Gloversville, New York firefighters have filed a lawsuit in the U.S. District Court for the Northern District of New York claiming the City of Gloversville violated the FLSA. Recent Gloversville Fire Department retirees, James Anderson, Robert Davis, and David Rackmyre allege the city failed to properly administer its FLSA compensatory (comp) time program which resulted in the ...Read More »
The crux of the plaintiff’s complaint involved alleged FLSA regular rate violations. In particular, the city’s failure to include certain wage augments in the plaintiffs’ regular rate. The FLSA requires virtually all the money an employee is paid included in his or her regular rate. Proper calculation of the regular rate is critical since all FLSA overtime must be paid at a rate of at least time-and-one-half of the employee’s regular rate. Very often employers utilize an employee’s base hourly rate to calculate the overtime rate of pay. However, the FLSA requires that all remuneration be included in the regular rate of pay.
Specifically, the plaintiffs made two basic claims:
- First, the city failed to include money paid directly to employees in lieu of receiving employer sponsored medical benefits in the regular rate.
- Second, the plaintiffs also wanted holiday pay included in their regular rate.
Today’s FLSA Question: I am a union president for a mid-sized municipal fire department. We have several firefighters recovering from various long-term work-related injuries. The city requires injured firefighters return to work in a light-duty capacity as soon as possible. Historically, the firefighters worked five eight-hour days per week while on light duty. Between doctor’s appointments and therapy, light-duty firefighters ...Read More »
A group of sixteen fire captains from the Marion County Fire and Rescue Department (MCFRD) filed a federal lawsuit last week claiming the county has violated the FLSA. In a complaint filed in the U.S. District Court for the Middle District of Florida, on September 18, 2019, the captains made two basic claims:Read More »
Today’s FLSA Question: I am a city HR manager and recently attended one of the FLSA for Fire Departments seminars. We have a new city manager that is looking to curb overtime costs within our fire department. Specifically, he wants to dock firefighters pay for the time spent eating meals. I know the FLSA allows for this practice, however how ...Read More »