Today’s FLSA Question: I am a firefighter in a small full-time unionized fire department. Our most recent three-year collective bargaining agreement provided us with “discretionary” lump-sum annual bonuses in lieu of traditional percentage-based wage increases. In the first year of the contract, we received a $2,000 lump sum payment. In the second and third year of the contract we will ...
Read More »Allegations of FLSA Misclassification and Retaliation from Indiana Battalion Chiefs
Three “former” Battalion Chiefs from the Portage, Indiana Fire Department filed a lawsuit in federal court last week claiming the city of Portage failed to provide them overtime pay as required by both the FLSA and Indiana state law. Additionally, the chiefs’ complaint alleges that the city has unlawfully retaliated against them in violation of the FLSA. Specifically, the chiefs ...
Read More »FLSA Case Update – Sept. 2022
In this VLOG, Curt Varone and I discuss two recent FLSA cases involving the FLSA, regular rate, and collective bargaining.
Read More »Arlington TX Deputy Chiefs Seek Overtime
Two deputy fire chiefs with the Arlington, Texas Fire Department have filed a lawsuit alleging the City of Arlington fails to pay them overtime as required by Texas law. The complaint, which was filed in Tarrant County, Texas, on the behalf of Deputy Fire Chiefs Troy Brooks and Scott Hofstrom, contains several basic allegations. Quoting from the complaint: During all ...
Read More »Comp-Time Payments, Base Hourly Rate, and the FLSA
Today’s FLSA Question: I am a full-time firefighter in a small combination fire department. My department has a long history of providing FLSA comp time instead of paying FLSA overtime. However, the department uses the firefighter’s base hourly rate when using accrued comp time. This base rate does not include any wage incentives or stipends. Additionally, the fire department allows ...
Read More »$1.575 Million Settlement in Milwaukee Fire Department FLSA Suit
The City of Milwaukee, Wisconsin has proposed a settlement of more than $1.5 million with several hundred city firefighters following a 2020 FLSA lawsuit. The settlement, which still requires court approval, allocates up to $1.15 million for back wages and damages, up to $400k for the firefighters’ attorneys, another $25k for court costs, and an additional $5k for the firefighter ...
Read More »Honolulu Medic Files FLSA Lawsuit
A paramedic from Honolulu, Hawaii has filed an FLSA lawsuit on behalf of himself, and other similarly situated individuals, claiming the Honolulu Department of Emergency Services is violating the FLSA. In the complaint, which was filed last week in the United States District Court for the District of Hawaii, paramedic Robert Hayslip makes three basic allegations: Hayslip alleges his employer ...
Read More »Florida First Responders Receive $1,000 Bonus Checks
For the second year in a row, Florida firefighters, paramedics, and law enforcement officers will receive $1,000 bonus checks from the state. The program, which is intended to reward the work of first responders state-wide, allocates $125 million to the program. In total over 100,000 first responders will receive checks. Gov. DeSantis hand-delivered some of the checks to Jacksonville Fire ...
Read More »More Litigation in Morgantown
Lawyers representing almost one-hundred Morgantown, West Virginia firefighters and police officers filed four separate lawsuits against the city this past week. In addition to the lawsuits, the unions that represent the city’s police officers and firefighters also announced “no-confidence” votes in the city council, city manager, and human resources director. The firefighters and police officers claim that recent reductions in ...
Read More »Portland Firefighters Seek Double Overtime Due to Persistent Staffing Shortages
The Portland Firefighters’ Association, IAFF Local 43, is requesting that the City of Portland, Oregon increase firefighter overtime to a double time rate instead of the traditional time and one-half rate due to chronic staffing shortages and an excessive amount of mandatory overtime. According to both the city and the union, firefighters face progressive discipline if they refuse to work ...
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