On-Call Stipend, Regular Rate, & the FLSA

Today’s FLSA Question: I am the union president of a mid-sized fire department. In our most recent contract negotiations, we were able to secure a small “on-call” stipend for several fire department officers that are required to be on-call. Starting July 1, the fire marshal and safety officer will each receive a weekly stipend for the inconvenience of being on-call. ...

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State Wage and Hour Laws Can Trump the FLSA

Today’s FLSA Question: I recently read a story on your website about Rhode Island enacting a new law requiring firefighters be paid overtime after working only 42 hours per week. But the FLSA only mandates overtime pay after firefighters work 53 hours per week. Doesn’t federal law (FLSA) trump (or pre-empt) state law? Answer: Good question. You are not alone ...

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Georgia EMT Files FLSA Suit Against County

A Georgia EMT filed a federal lawsuit earlier this month alleging his employer, Meriwether County Fire Rescue (MCFR) failed to pay him—and other similarly situated EMTs—overtime in violation of the Fair Labor Standards Act (FLSA). David Barbee filed the lawsuit on May 10, in the U.S. District Court for the Northern District of Georgia. Barbee alleges he worked as an ...

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RI Law Mandates OT for Firefighters After Working 42 Hours Per Week

The State of Rhode Island (RI) has enacted historic legislation expanding overtime protection for firefighters working in the state. The new law [well, to be precise, it is actually an elimination of a past exemption and the expansion of an existing statute] mandates overtime pay for local firefighters for all hours worked over an “average” of forty-two hours per week. ...

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More than 250 San Diego Firefighters Opt-in On FLSA Suit Against the City

On April 2, 2019 three San Diego firefighters filed suit in the U.S. District Court for the Southern District of California alleging the City of San Diego violated the Fair Labor Standards Act (FLSA). For more on that story from FirefighterOvertime.org click here. However, in the past five weeks alone, another 250 city firefighters have elected to “opt-in” on this ...

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WI Paramedic Files Lawsuit for Overtime

A Wisconsin paramedic has filed a lawsuit in the U.S. District Court for the Western District of Wisconsin alleging his employer, the Village of Plover, Wisconsin violated the FLSA. Paramedic Joshua Wendorf alleges the village failed to (1) pay him for all hours worked, (2) pay overtime for hours worked over 40 per week, and (3) properly calculate earned FLSA ...

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Federal Judge Throws Out Suit Filed by WA State Fire Department Over FLSA Overtime for Battalion Chiefs and Fire Marshals

This past week a district court judge in Washington state dismissed a highly unusual FLSA lawsuit initiated by the Spokane Valley Fire Department (SVFD) back in the summer of 2017. Spokane Valley filed the suit against the union that represents its firefighters, IAFF Local 3701, in an effort to receive a judicial declaration that SVFD battalion chiefs and fire marshals ...

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San Diego Firefighters File FLSA Lawsuit

Several current and former San Diego firefighters filed a federal lawsuit last week alleging the City of San Diego violated the FLSA. Eric Kelley, Patrick Hesters, and Eric Dunnick filed the suit on behalf of themselves and other similarly situated individuals in the U.S. District Court for the Southern District of California on April 2, 2019. The firefighters’ complaint states ...

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Unpaid Commute vs. Paid Travel Time

Today’s FLSA Question: I am the fire chief of a full-time paid fire department with seven stations. Firefighters bid by seniority to a preferred station. We utilize an out-of-rank system to fill most vacancies within the officer ranks. This out-of-rank system requires senior firefighters to move up and cover vacant officer positions. This can result in firefighters being required to ...

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