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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Right-to-Work States, Collective Bargaining, and the FLSA

Today’s FLSA Question: I am the president of my local firefighter’s union. I was told that since we live in a collective bargaining state and are not subject to right-to-work laws, knowledge of the FLSA is not essential for us. Is this true? Answer: Nothing could be further from the truth. The FLSA is a federal law. Virtually all of ...

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In FLSA Litigation. . .Time is not always on your side

Today’s FLSA Question: Several firefighters and I discovered our fire department was violating the FLSA. We brought the errors to the chief’s attention, and he quickly made corrections. The payroll problems pre-dated his tenure as chief and it was an honest mistake, however most firefighters are owed several years back wages. The chief assured us that he would discuss this ...

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California Voters Clear Path Around Costly Wage and Hour Laws for Some EMS Workers

California voters overwhelmingly approved a voter initiative entitled Proposition 11 – Emergency Ambulance Employee Safety and Preparedness Act” (Act) during last week’s mid-term election. In part, this new state law will require ambulance companies provide advanced training and improved access to mental health assistance for private sector ambulance workers. In addition, Proposition 11 also mandates paid rest periods for ambulance ...

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Sleep Time, Firefighters, and the FLSA

Today’s FLSA Question: I am the fire chief of a small paid fire department with a mixture of full-time and part-time firefighters. Our full-time firefighters work a 24/48 schedule for an average of 56 hours per week. The Town Council hired a new town manager last year. He is highly critical of our overtime budget. He has proven relentless in ...

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Mississippi City Faces FLSA Lawsuit from Former 911 Dispatcher

Cody Inman, a former 911 dispatcher for the City of Water Valley, Mississippi, has filed a federal lawsuit seeking back overtime and straight time wages in the U.S. District Court for the Northern District of Mississippi. The suit, which was filed November 8, 2018, alleges the city misclassified Inman as an “employee engaged in fire protection activities” (§207(k) firefighter) in ...

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Irish Ambulance Workers Refuse to Work Overtime Over Labor Dispute

In an interesting story from across the Atlantic, approximately 500 paramedics and emergency medical technicians (EMTs) have “withdrawn” from working overtime following a labor dispute with Ireland’s Health Service Executive (HSE). The HSE is a governmental agency charged with providing health and social services to all of Ireland. According to the Irish Examiner, the dispute between the HSE and members ...

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Firefighters, Workers’ Compensation, and the FLSA

Today’s FLSA Question: Does the FLSA mandate overtime pay for a firefighter that is not working, but collecting workers’ compensation benefits due to an on-the-job injury? Answer: No. The FLSA does not mandate overtime pay for hours a firefighter is not working due to an on-the-job injury. The FLSA only requires overtime pay for hours actually worked. However, your question ...

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Colorado Fire Department Struggles to Provide Enhanced EMS Services to Community Within Existing Overtime Budget

Union officials in Pueblo City, Colorado are sounding the alarm over the city’s decision to temporarily close engine companies while firefighters assigned to those rigs attend paramedic school. According to KOAA, News channel 5, nine city firefighters are currently attending paramedic school during their normally assigned work shifts. The department has structured the training so that only one engine company, ...

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Contract Overtime vs. FLSA Overtime

Today’s FLSA Question – I am a firefighter. We have a collective bargaining agreement (CBA) that requires overtime (OT) pay for all hours worked outside of a firefighter’s scheduled shifts, regardless of hours actually worked in the work period. This contract OT rate does not include various monetary incentives (longevity, medic pay, and HAZMAT pay). However, we also receive FLSA ...

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