Federal Workers File FLSA Suit Over Shutdown

The labor union representing thousands of government workers has filed a lawsuit alleging the federal government is violating the FLSA by failing to pay essential government workers during the current shutdown. The federal government shutdown began December 22, 2018 and continues today with no end in sight. As a result, funding for most of the federal government’s workforce ended and ...

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Combination Departments, Collective Bargaining, and Compensability of Training Time

Today’s FLSA Question: I am an assistant chief for a small combination fire department. In addition to myself and the chief, our department consists of 9 full-time paid firefighters and over 20 dedicated volunteers. The full-time firefighters work a 24/48 schedule on a 14-day work period. We recently negotiated a change in the paid firefighters’ union contract related to training ...

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California Firefighters and City Settle FLSA Claims for More than $280,000

The City of La Verne, California has reached a settlement with a group of twenty-seven current and former city firefighters following allegations of unpaid overtime. The settlement follows a February 2018 FLSA lawsuit filed by the firefighters in the U.S. District Court for the Central District of California. The firefighters made two basic claims in the suit. First, the city ...

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Private Fire Departments and the FLSA

Today’s FLSA Question: I recently read that a small village outside of Chicago decided to privatize its fire service in an effort to reduce costs. In particular village leaders claimed the overtime obligations for village firefighters was too high and by privatizing fire services the village would save significant money while maintaining the same daily staffing. I would think private ...

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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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