Military Leave and the FLSA

Today’s FLSA Question: Does the FLSA require employers to pay employees while they are on military leave? Answer: Good question. The answer is maybe . . . and it depends. . . We need a little more information to answer this one. As a general rule, the FLSA does not require that employers continue to pay employees while they’re on ...

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Four-Platoon Fire Departments & the FLSA

Today’s FLSA Question: I work for a midsize municipal fire department in the Northeast. We work a 42-hour average workweek. Our city administrators claim they are not required to set a work period, calculate regular rate, or follow much of this FLSA “stuff” because we work an average of 42 hours per week and have a collective bargaining agreement (CBA). ...

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NC Medic Files FLSA Lawsuit Against County EMS Agency Following DOL Investigation

A North Carolina paramedic has filed a federal lawsuit against his employer, Duplin County Emergency Medical Services (DCEMS) alleging the county willfully violated both the FLSA and the North Carolina Wage and Hour Act (NCWHA). Paramedic Ryan Lang filed the federal lawsuit on behalf of himself and other similarly situated individuals (i.e. other EMTs that have worked for DCEMS over ...

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Maryland County May Owe Workers Millions In Unpaid Overtime

According to the Capitol Gazette, county officials in Anne Arundel, Maryland, recently discovered an error in calculating overtime pay for many county employees, including police officers and firefighters. County Executive Steve Schuh admits the unintentional error spans the past 10 to 20 years. The error was recently discovered when the county changed payroll vendors. Initial estimates suggest the county may ...

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Comp Time Hours Do Not Always Count

Today’s FLSA Question: I have a question about FLSA comp time. Do the hours a firefighter does not work because he or she is using accrued FLSA compensatory time (comp time) need to be included when determining overtime for the work period? I don’t believe they need to be included, since the FLSA typically only requires counting hours worked by ...

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San Diego Settles FLSA Lawsuit With Helicopter Rescue Medics

The City of San Diego has settled a lawsuit filed by six helicopter rescue medics for a total of $307,000. The rescue medics work for the city’s fire and rescue department providing medical and logistical support for the city’s air ambulances. Historically, the city classified these medics as §207(k) firefighters. The medics claimed they did not have any “responsibility to ...

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The Regular Rate, FLSA, and Firefighters Part VI

This is the sixth and final installment from FirefighterOvertime.org on the regular rate. Proper calculation of the regular rate is critical. All FLSA overtime must be at least time and one-half of the regular rate. The regular rate has been referred to as the “linchpin” of the FLSA. Not only is calculating the regular rate important, it can be difficult, ...

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Early Relief: Another Firefighter-Only Exception Explained

Today’s FLSA Question: I am a city HR manager. I am updating the city’s employment handbook. We are instituting a citywide time tracking and accountability system. Part of the system prohibits employees from working before their assigned shifts. The fire chief just informed me that firefighters arrive as much as one hour before their assigned shifts. The chief assured me ...

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The Regular Rate, FLSA, and Firefighters Part V

This is the fifth installment in a six-part series from FirefighterOvertime.org on the regular rate. Proper calculation of the regular rate is critical. All FLSA overtime must be at least time and one-half of the regular rate. The regular rate has been referred to as the “linchpin” of the FLSA. Not only is calculating the regular rate important, it can ...

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