Tag Archives: back wages

Sixth Circuit Court of Appeals Upholds Lower Court Ruling on Overtime, Establishment of a Qualifying Work Period, and the FLSA’s §207(k) Exemption

The U.S. Court of Appeals for the Sixth Circuit has upheld a lower court’s finding that in order to utilize the FLSA’s §207(k) partial overtime exemption, a fire department must establish a qualifying work period. This story began back in January 2020 when former Highland Hills, Ohio firefighter David Vance filed an FLSA lawsuit against his former employer. Vance’s allegations ...

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Court Finds for KC Firefighters in FLSA Regular Rate Lawsuit

A United States Magistrate Judge has ruled in the favor of more than 450 Kansas City, Missouri firefighters following their FLSA lawsuit against the city. In a 2019 lawsuit, Kansas City firefighters claimed the city failed to include a wide range of wage augments in their overtime rate of pay. The FLSA requires “all remuneration for employment paid to, or ...

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Holiday Pay Battle Between WV City and Firefighters Continues

The long running legal battle between the City of Morgantown, West Virginia and its firefighters over holiday pay does not appear to be coming to an end anytime soon. This past week city firefighters filed an amended complaint in state court claiming the city owes firefighters almost $6.5 million after years of improperly calculating their holiday pay. The firefighters had ...

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DOL Investigation Finds Colorado County Failed to Pay Law Enforcement Officers for Pre-and-Post Shift Work

An investigation conducted by the U.S. Department of Labor (DOL) has found that the Rio Blanco County Sheriff’s Office violated the FLSA by not paying law enforcement officers for the time spent working before and after scheduled work shifts. The FLSA requires employers pay overtime eligible employees for all hours worked. This includes time spent before and after assigned work ...

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Portsmouth VA Settles FLSA Suit with Paramedics Absent Trial

The City of Portsmouth, Virginia has reached a settlement with a group of fifteen paramedics ending an FLSA lawsuit filed in late 2020. The medics alleged the city failed to pay them overtime as required by the FLSA and Virginia Law. For more on the medics’ claims, including a copy of the complaint, click here. The terms of the settlement ...

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DOL Finds Illinois Police Dept. Failed to Pay OT as Required by the FLSA

Following an investigation by the U.S. Department of Labor’s (DOL) Wage and Hour Division, the City of East St. Louis, Illinois has been ordered to pay almost $160,000 in back wages and penalties to a total of 19 city police officers. The DOL investigation uncovered several FLSA violations. In particular, the DOL found that the city failed to pay police ...

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DOL Makes FLSA Mistakes More Costly for Employers

On April 9, 2021, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD)—the arm of the DOL responsible for enforcing the FLSA—officially rescinded a controversial employer-friendly enforcement practice implemented less than a year ago. As a general rule, the FLSA requires liquidated damages be assessed after finding an employer violated the Act’s minimum wage or overtime requirements. Liquidated ...

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Alabama Fire Inspectors File FLSA Overtime and Retaliation Lawsuit

The City of Selma, Alabama is the latest city facing an FLSA lawsuit filed by city firefighters. Three Assistant Fire Marshals/Fire Inspectors filed the suit, in the U.S. District Court for the Southern District of Alabama, on April 19, 2021. Richard C. Byrd, Willie J. Mason Jr., and Aeneas L. Pettway allege that the city failed to pay them overtime ...

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