Tag Archives: §207(k)

VA Medics File Overtime Lawsuit

A group of fourteen paramedics filed a federal lawsuit last week alleging their employer, the City of Portsmouth Virginia, Fire Rescue and Emergency Services Department failed to pay them overtime as required by both the FLSA and Virginia law. According to the complaint, the medics work on a 14-day rotating schedule consisting of three 12-hour work shifts during the first ...

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Ruling in FF/Medics’ FLSA Overtime Lawsuit Stresses Importance of FD Policies and Procedures

Fire Departments that utilize the FLSA’s §207(k) partial overtime exemption for cross-trained firefighter/EMTs should carefully review their policies and procedures following a recent court decision. The decision, which was handed down by U.S. District Court Judge Ada Brown, invalidated the Dallas/Fort Worth International Airport’s Fire Department’s (DFWFD) use of the §207(k) exemption for cross-trained firefighter/EMTs assigned to the department’s EMS ...

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207(k) Firefighters, Work Periods, and the FLSA

Today’s FLSA Question: I am a city human resources manager. Our city’s firefighters work 24 hours on-duty, followed by 48 hours off-duty for an average of 56 hours per week. Currently, the city utilizes a 27-day work period for line firefighters. However, our firefighters are paid bi-weekly. Therefore, firefighters frequently do not get paid for their overtime until two or ...

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MI City Ordered by DOL to Pay More Than $50K in Unpaid OT and Penalties to Four Police and Fire Department Employees

The U.S. Department of Labor (DOL) has ordered the City of Highland Park, Michigan to pay four current city employees $49,181 in back wages and another $1,368 in penalties following an investigation into the city’s pay policies. The investigation found violations in the way the city counted hours worked for certain city employees. Specifically, four city employees that work as ...

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207(k) Exemption, Non-Firefighter Medics, and the FLSA

Today’s FLSA Question: I recently accepted a job as fire chief in a small combination fire department. We have a great mix of full-time, part-time, and paid-on-call firefighters. This department is much smaller than my previous employer and they do things a little differently. I am concerned about the way we pay our non-firefighter medics. Historically, the department hired from ...

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Nevada firefighters File FLSA Suit

Two Storey County, Nevada firefighters have filed an FLSA suit against their employer, the Storey County Fire Protection District. The pair claim the district fails to pay them, and other similarly situated firefighters, overtime as required by the FLSA. Specifically, firefighters Victor Yohey and Chris Tillisch allege the district has a practice of not paying firefighters any FLSA overtime for ...

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Firefighters, Overtime, and the Fair Labor Standards Act (FLSA)

Firefighters, Overtime, and the Fair Labor Standards Act is the title of an article appearing in this month’s Firehouse Magazine. The article was written by my friend and colleague Curt Varone. The article is based on Curt’s Fire Litigation Database and delves into the top five reasons fire departments are getting sued under the FLSA. In the following podcast, Curt ...

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Light-Duty Firefighters and the FLSA’s 207(k) Exemption

Today’s FLSA Question: I am a union president for a mid-sized municipal fire department. We have several firefighters recovering from various long-term work-related injuries. The city requires injured firefighters return to work in a light-duty capacity as soon as possible. Historically, the firefighters worked five eight-hour days per week while on light duty. Between doctor’s appointments and therapy, light-duty firefighters ...

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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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