Tag Archives: administrative exemption

Firefighters Paid on a Salary Basis, Overtime, and the FLSA

Today’s FLSA Question: I am a rookie firefighter working for a rural county fire department. I am confused about the way firefighters in my fire department are compensated. We are paid a bi-weekly salary. However, we also receive FLSA overtime pay for all hours worked over 106 every two weeks. I am confused. I thought that being paid a salary ...

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Ohio City Settles FLSA Lawsuit with Firefighters

The City of Eaton, Ohio has settled a lawsuit filed by four current and former fire department employees for a total of $185,000. The lawsuit, which was filed in 2019 by four of the department’s five full-time employees, contained two basic allegations. The first allegation was that the city misclassified the four full-time fire department employees as overtime exempt executive ...

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The City of Lawrence, KS agrees to pay almost $1 Million in back OT to several dozen police sergeants, fire captains, and other city employees following FLSA review

The City of Lawrence, Kansas has voluntarily agreed to pay $998,600 to 24 police sergeants, 21 fire captains, and 3 other city employees following a recent FLSA review. The review, which was requested by a group of fire captains in 2019, found that the city improperly classified numerous city employees as overtime exempt. As a result of the city’s misclassification ...

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TN County Settles FLSA Misclassification Lawsuit with Two EMS Captains

Montgomery County, Tennessee has reached a settlement with two supervisory paramedics following a 2019 FLSA lawsuit for unpaid overtime. Emergency Medical Services Captain Gary Perry initially filed the lawsuit, on October 28, 2019. Perry’s main allegation related to the county’s failure to pay him and other EMS Captains overtime as required by the FLSA. Perry also claimed the county misclassified ...

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Fire Department Administrative Assistant, Comp Time, and the FLSA

Today’s FLSA Question: I work as an administrative assistant for a small municipal fire department. City hall issued a memo last month eliminating non-essential overtime across all city departments. Our fire chief requested an exception from this prohibition for me, since our office is already shorthanded. City hall responded that as an administrative employee, I could agree to accept comp ...

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City hall makes it tough for city employee to volunteer as a firefighter

Today’s FLSA Question: I am an administrative assistant for a small municipal fire department. My job is primarily related to scheduling inspections, handling public information requests, ordering supplies, and handling payroll for our full-time and part-time paid staff. Our organization has a mixture of full-time, part-time and volunteer firefighters. The volunteers do not receive any money for serving as volunteers, ...

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Georgia County Reaches Settlement with Battalion Chiefs Following FLSA Suit

The Newton County Fire Department has reached a settlement with three battalion chiefs (BCs) following a 2019 lawsuit over FLSA overtime. The three BCs filed the suit in U.S. District Court for the Northern District of Georgia in November 2019. The three alleged the county improperly reclassified BCs from overtime eligible first responders to overtime exempt employees in July 2018. ...

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Fire Marshals, Administrative Overtime Exemption, and the FLSA

Today’s FLSA Question: I am the Fire Marshal for a mid-sized fire department. The town considers my position overtime exempt. I have been pressing town hall for an explanation of why my position is classified this way. The HR Director initially told me I was an overtime exempt executive employee. However, I informed him that exempt executives must supervise other ...

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