Tag Archives: §7(k)

AZ and CA Firefighters File FLSA Suits Over Alleged Regular Rate Violations

Late last week, firefighters in two west coast cities filed separate FLSA lawsuits alleging they were shorted overtime pay by their employers. The first lawsuit was filed in the U.S. District Court for the District of Arizona, by four Flagstaff firefighters, on September 20, 2018. The complaint makes two basic claims: The City of Flagstaff failed to include non-discretionary “premium ...

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Florida Battalion Chiefs File FLSA Suit

On September 12, 2018, six Battalion Chiefs (BCs) from the Greater Naples Fire Rescue District (district) filed a lawsuit in federal court seeking overtime pay. According to the complaint, the district classifies the BCs as white collar overtime-exempt employees. The BCs estimate that each is owed approximately $60,000 in unpaid overtime wages for the past 3 years. Additionally, the complaint ...

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Battalion Chiefs, Executive Exemption, and Overtime

FLSA Question: I am a battalion chief in a mid-sized municipal fire department. I command a platoon of firefighters and work 24-hour shifts. I work an average of 56 hours per week. I do not receive any overtime. The city considers myself and other BCs overtime-exempt executives. . . . I recently read that “first responders” are entitled to overtime ...

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California Police Officers Seek Holiday Pay Included in Regular Rate

Six Merced, California, Police Department employees have filed a lawsuit against the city, claiming it failed to calculate overtime pay correctly. The suit was filed on August 17, 2018 by three sergeants, two patrol officers, and one dispatcher in the U.S. District Court for the Eastern District of California. Specifically, these sergeants, officers, and dispatcher claim the city failed to ...

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Former Illinois Firefighter Claims Employer Violated FLSA

The Village of Villa Park, Illinois, is being sued by a former firefighter for alleged FLSA violations. Brandon Santiago filed the lawsuit on behalf of himself and other “similarly situated” firefighters, in the U.S. District Court for the Northern District of Illinois last week. Santiago claims the village failed to include various wage augments in his and other firefighters regular ...

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Kansas Fire Investigators Reach Settlement with City Following FLSA Suit

The City of Wichita, Kansas, will pay six fire department arson investigators and their attorney almost $155,000 to settle unpaid overtime claims. The six investigators argued they should receive overtime similar to city police officers as opposed to firefighters. Here is more on those claims. Wichita Fire Investigators File FLSA Overtime Lawsuit The Settlement According to the Wichita Eagle, Wichita’s ...

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Tennessee City Looks to Correct FLSA Violations with Firefighters

According to the Elk Valley Times, the City of Fayetteville, Tennessee, is looking to correct overtime “pay issues” with local firefighters. City officials are poised to correct longstanding violations of the Fair Labor Standards Act (FLSA) that may date back over the tenure of the past two fire chiefs. Fayetteville firefighters work a 28-day work period. The FLSA requires time ...

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California County Settles FLSA Suit for Overtime at Sheriff’s Training Academy

The County of Riverside, California, has settled a lawsuit filed by 24 former trainees over unpaid overtime. The 24 claimed the county failed to pay trainees for all hours worked during their 26-week training academy. The lawsuit was initially filed by Matthew Dashiell, a former sheriff’s deputy trainee. Dashiell was a trainee at the sheriff’s department training academy in 2013. ...

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Virginia Battalion Chiefs File Lawsuit Seeking Overtime Pay

Seven Battalion Chiefs from the Chesapeake Fire Department, in Chesapeake, Virginia, have filed a federal lawsuit looking for overtime pay. The Battalion Chiefs claim the city violated both the Fair Labor Standards Act and Virginia Gap Pay Act. The complaint, which was filed on July 24, 2018, in the United States District Court for the Eastern District of Virginia, alleges ...

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