Settlement Reached in CA FD Shift Commander’s FLSA Suit

Retired Division Chief Ronald Pelham has reached a $115,000 court approved settlement with the City of Monrovia, California following an FLSA lawsuit. Pelham alleged, in his September 2018 complaint that the Monrovia Fire Department misclassified him as an overtime exempt executive employee and failed to pay him any FLSA overtime. Pelham’s lawsuit was one of several filed across the country ...

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Judge Rules WA State Fire Captains are Entitled to FLSA Overtime

Unites States Federal District Court Judge Rosanna Malouf Peterson has ruled in favor of thirteen Hanford, Washington fire captains in their pursuit of FLSA overtime. This judgement is the latest in a series of recent rulings involving fire officers and FLSA overtime eligibility. For more on those see: Federal Magistrate Judge Dismisses OT Claims by VA Battalion Chiefs Absent Trial ...

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$1.2 Million Settlement Reached in VA Police FLSA Suit

A lawsuit filed by two Roanoke, Virginia police officers alleging the city’s police department violated both the FLSA and Virginia state wage law has ended with a $1.2 million court approved settlement. The suit, which was filed in U.S. District Court for the Western District of Virginia, on May 11, 2018 alleged the city failed to pay police officers for ...

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TN Medic Files FLSA Lawsuit Against County

Paramedic Terry Rich has filed an FLSA lawsuit, on behalf of himself and other similarly situated individuals [i.e. other EMTs and medics Terry believes may have also been shorted straight time and overtime pay], against his employer, Putnam County Tennessee. Specifically, Terry claims Putnam County Emergency Services Department fails to pay EMTs for all hours worked every workweek, overtime for ...

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Federal Magistrate Judge Dismisses OT Claims by VA Battalion Chiefs Absent Trial

In the latest legal twist involving battalion chiefs (shift commanders) and FLSA overtime eligibility, United States Magistrate Judge Lawrence R. Leonard has dismissed an overtime lawsuit filed by seven Chesapeake, Virginia Battalion Chiefs (BCs). The seven BCs filed the suit last July, in the U.S. District Court for the Eastern Division of Virginia, alleging the City of Chesapeake failed to ...

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FLSA Overtime Exemption for Small Fire Departments

Today’s FLSA Question: I am a paid firefighter for a small non-profit volunteer fire company. Our organization has a large group of volunteer firefighters and an all-volunteer chief and command staff. I am one of two full-time (Monday-Friday) firefighters. I am treated as an hourly employee, however, I do not receive any overtime. Between trainings, after-hours calls, and regularly scheduled ...

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FLSA Retaliation and Overtime Suit Filed by Oklahoma Fire Marshal Will Continue

An FLSA retaliation and unpaid overtime lawsuit filed by an Oklahoma fire marshal will continue following a decision last week by Chief Judge John E. Dowdell of the U.S. District Court for the Northern District of Oklahoma. Judge Dowdell denied attempts by both the City of Sand Springs, Oklahoma (the defendant) and Fire Marshal Stan Smith (the plaintiff) to end ...

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Another FLSA Suit for FDNY

Three FDNY Motor Vehicle Operators (MVOs) filed a lawsuit in the U.S. District Court for the Southern District of New York last week alleging the City of New York violated the FLSA. More specifically, the plaintiffs allege the city failed to pay them for all hours worked and is not paying overtime at the correct rate of pay. Plaintiffs Christopher ...

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Firefighters, Two Rates of Pay, and the FLSA

Today’s FLSA Question: I am the payroll/HR manager for a fire department. Our department offers first aid and CPR classes for residents of the community. We offer the classes a couple of times per year. Firefighters that are certified CPR and first aid instructors teach the classes during off-duty hours. However, since most of the firefighters make different hourly rates, ...

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Overtime for Scheduled Hours and the FLSA

Today’s FLSA Question: I am a paid municipal firefighter for a small fire department. When our firefighters utilize vacation, sick, or personal leave, the city deducts this time from the firefighter’s hours worked for FLSA overtime purposes. However, a neighboring community’s fire department counts all scheduled hours for overtime purposes. Basically, the firefighters in that town receive overtime every payday ...

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