Tag Archives: §207(k)

Are Day-Time Firefighters Still Eligible for §207(k) Exemption?

Today’s FLSA Question: I am the fire chief for a small full-time fire department. We just received funding to add an additional fire officer for peak “day-time” hours. The new lieutenant will work Monday thru Friday from 7am to 5pm. During the daytime shifts the lieutenant will regularly respond to alarms as a safety officer, chief’s aid, and even as ...

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Allegations of Unpaid Overtime for Police Officers In Mississippi

The City of Baldwyn, Mississippi has been served with a federal lawsuit filed by five city police officers. The suit, which was filed in the U.S. District Court for the Northern District of Mississippi, alleges the city failed to pay the officers for all hours worked in violation of both the Fair Labor Standards Act (FLSA) and Mississippi state laws. ...

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Pennsylvania Police Officer Files FLSA Lawsuit for 15 Hours of Overtime

A Nanticoke, Pennsylvania, police officer has filed a federal lawsuit in the Middle District of Pennsylvania alleging that the city failed to pay the officer for approximately 15 hours of work over a 2-month period in late 2016. The officer, Kara Kroll, alleges she sustained a work-related injury in October of 2016. As a result, she missed one week of ...

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“Off-the-Books” Paid Time Off Practice Ended for Ohio Police and Firefighters

The City of Akron, Ohio has ended the practice of providing “off-the-books” paid time off to some police officers and firefighters. For more than 30 years, the city had an unwritten policy that allowed some police officers and firefighters take time off in lieu of receiving overtime pay for attendance at community outreach meetings and fire safety events. The paid ...

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Four-Platoon Fire Departments & the FLSA

Today’s FLSA Question: I work for a midsize municipal fire department in the Northeast. We work a 42-hour average workweek. Our city administrators claim they are not required to set a work period, calculate regular rate, or follow much of this FLSA “stuff” because we work an average of 42 hours per week and have a collective bargaining agreement (CBA). ...

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NC Medic Files FLSA Lawsuit Against County EMS Agency Following DOL Investigation

A North Carolina paramedic has filed a federal lawsuit against his employer, Duplin County Emergency Medical Services (DCEMS) alleging the county willfully violated both the FLSA and the North Carolina Wage and Hour Act (NCWHA). Paramedic Ryan Lang filed the federal lawsuit on behalf of himself and other similarly situated individuals (i.e. other EMTs that have worked for DCEMS over ...

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Maryland County May Owe Workers Millions In Unpaid Overtime

According to the Capitol Gazette, county officials in Anne Arundel, Maryland, recently discovered an error in calculating overtime pay for many county employees, including police officers and firefighters. County Executive Steve Schuh admits the unintentional error spans the past 10 to 20 years. The error was recently discovered when the county changed payroll vendors. Initial estimates suggest the county may ...

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Comp Time Hours Do Not Always Count

Today’s FLSA Question: I have a question about FLSA comp time. Do the hours a firefighter does not work because he or she is using accrued FLSA compensatory time (comp time) need to be included when determining overtime for the work period? I don’t believe they need to be included, since the FLSA typically only requires counting hours worked by ...

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San Diego Settles FLSA Lawsuit With Helicopter Rescue Medics

The City of San Diego has settled a lawsuit filed by six helicopter rescue medics for a total of $307,000. The rescue medics work for the city’s fire and rescue department providing medical and logistical support for the city’s air ambulances. Historically, the city classified these medics as §207(k) firefighters. The medics claimed they did not have any “responsibility to ...

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