Part-Time, Per Diem, Paid-on-Call Firefighters and the FLSA

There are numerous misconceptions surrounding the FLSA. Included in these misconceptions is that the FLSA does not apply to part-time, per diem, or paid-on-call firefighters. Nothing could be further from the truth. The FLSA does not draw any distinction between full-time or “less than full-time” employees. The general rule is that all employees are subject to the requirements of FLSA. ...

Read More »

Illinois Chief Alleges FLSA Retaliation

Former Paxton, IL, Chief of Police Robert Bane filed a lawsuit in federal court last week seeking money damages for unpaid overtime wages, additional unspecified money damages for retaliation under the FLSA, and a court order requiring that the city reinstate the chief to his former position. The lawsuit follows Chief Bane’s termination by the city in August 2017. Chief ...

Read More »

FLSA Comp Time may not be an option for all Fire Departments

Today’s FLSA Question I am the administrator for a nonprofit 501(c)(3) volunteer fire company. We are in the process of hiring our own full-time dispatchers. Currently the county provides dispatch services, however we are transitioning from a completely volunteer organization to a combination department. We want to mirror the county’s compensatory time (comp time) policy. All county employees, including county ...

Read More »

Wichita Fire Investigators File FLSA Overtime Lawsuit

Six Wichita, Kansas fire investigators have filed a federal lawsuit seeking overtime pay under the FLSA. The City of Wichita currently classifies fire investigators as employees engaged in fire protection activities under the FLSA’s §207(k) partial overtime exemption. The investigators claim they should be classified law enforcement personnel as opposed to employees engaged in fire protection activities for FLSA overtime ...

Read More »

California City settles FLSA dispute with firefighters for over $1 million

The City of Chula Vista, California has agreed to pay over 100 firefighters just over $1 million in back wages and other damages for FLSA violations. The firefighters filed a lawsuit to recover back wages and additional damages in August of 2016. The firefighters claimed the city failed to calculate the regular rate of pay correctly. Proper calculation of the ...

Read More »

Mississippi city owes police officers more than $850,000 in back FLSA wages

Approximately 119 police officers from Tupelo, Mississippi will be receiving more than $857,000 in back wages following a Department of Labor (DOL) Wage and Hour Division investigation. The DOL determined the city’s “police department failed to adequately record hours worked by police officers” and did not maintain proper records related to “overtime hours or compensatory time owed to officers” as ...

Read More »

South Carolina fire department still searching for ways to reduce mandatory overtime – FireFighterOvertime.Org – Follow-Up

Horry County Fire Rescue wants to hire at least 15 new part-time firefighters. The part-time firefighters would be utilized as “fill-ins” for full-time firefighters in an effort to reduce mandatory overtime in the department. Mandatory overtime is not a new problem for Horry County Fire Rescue. Here is a story from this past summer that first detailed the County’s mandatory ...

Read More »

California firefighters claim city violated FLSA

Thirteen Hermosa Beach, firefighters have filed a lawsuit in U.S. District Court for the Central District of California alleging violations of the Fair Labor Standards Act (FLSA). The firefighters claim the city improperly calculated the regular rate of pay and failed to pay overtime for all hours worked each work period. Properly calculating the regular rate is critical since FLSA ...

Read More »