Tag Archives: §7(k)

NY EMT Sues Village For Overtime Pay

A New York EMT is suing his employer for violations of both the Fair Labor Standards Act (FLSA) and New York wage and hour laws. Ronald Tappen, an EMT for the Lindenhurst Fire Department filed the lawsuit in the U.S. District Court for the Eastern District of New York on January 22. Tappen alleges the town failed to pay him ...

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Denying Unauthorized Overtime Can Prove Costly

Today’s FLSA Question: I am a fire chief. I recently had a lieutenant work past the end of his shift and submit an overtime request without authorization. I denied his request for overtime and reminded him that all non-emergency overtime must be pre-approved in advance. Now, the union has filed a grievance and the lieutenant is saying he may institute ...

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Firefighters Donating Shifts and the FLSA

Today’s FLSA Question: I am a city HR manager. One of our firefighters is out of work with a long-term illness. Unfortunately, this firefighter has exhausted all of his sick time. In response other firefighters have been working as substitutes for his assigned shifts. In theory, we have no issues with this practice since firefighters frequently substitute for each other’s ...

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Tennessee City Rectifies Overtime Pay Issues with Firefighters

The City of Fayetteville, Tennessee has paid twenty-three current and former city firefighters a total of $92,515 after city officials discovered errors in the way overtime was calculated. City officials acknowledged a “discrepancy” related to firefighter overtime back in August 2018. It appears the city moved quickly to resolve the issue and avoided a protracted and often costly legal battle ...

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Combination Departments, Collective Bargaining, and Compensability of Training Time

Today’s FLSA Question: I am an assistant chief for a small combination fire department. In addition to myself and the chief, our department consists of 9 full-time paid firefighters and over 20 dedicated volunteers. The full-time firefighters work a 24/48 schedule on a 14-day work period. We recently negotiated a change in the paid firefighters’ union contract related to training ...

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California Firefighters and City Settle FLSA Claims for More than $280,000

The City of La Verne, California has reached a settlement with a group of twenty-seven current and former city firefighters following allegations of unpaid overtime. The settlement follows a February 2018 FLSA lawsuit filed by the firefighters in the U.S. District Court for the Central District of California. The firefighters made two basic claims in the suit. First, the city ...

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Private Fire Departments and the FLSA

Today’s FLSA Question: I recently read that a small village outside of Chicago decided to privatize its fire service in an effort to reduce costs. In particular village leaders claimed the overtime obligations for village firefighters was too high and by privatizing fire services the village would save significant money while maintaining the same daily staffing. I would think private ...

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Cleveland Ohio EMS Captain Files FLSA Suit Against the City

Captain Margerita Noland-Moore, a paramedic for the City of Cleveland’s Division of Emergency Medical Services, has filed a lawsuit against the city alleging she and as many as 300 other city EMS employees have been shorted overtime pay. The complaint, which was filed on November 26, alleges several specific violations of both the FLSA and Ohio law. According to the ...

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