Tag Archives: back wages

The City of New York has agreed to pay four current and former FDNY Motor Vehicle Operators (MVOs) and their attorneys a total of $429,901.18 to settle an unpaid overtime lawsuit. The MVOs, filed the lawsuit in June 2019, alleging the city failed to pay them for required pre-and-post shift activities (i.e., off-the-clock work), time spent working during unpaid meal ...

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 ...

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of Labor’s (DOL) Wage and Hour Division (WHD)—the arm of the DOL responsible for enforcing the FLSA—officially rescinded a controversial employer-friendly enforcement practice implemented less than a year ago.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 ...

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 ...

A federal magistrate Judge has ruled that an FLSA overtime lawsuit brought by more than 450 Kansas City, Missouri firefighters can continue as a collective action. The lawsuit, which was initially filed in 2019 by only two city firefighters, had grown to include more than 450 total firefighters. The city argued the firefighters lacked a “common interest” and as a ...

The City of Tipton, Indiana has reached a a settlement with a veteran firefighter following an FLSA overtime and retaliation lawsuit. The Tipton City Council unanimously approved a maximum settlement of $18,763.42 to resolve a lawsuit filed last fall by veteran city firefighter Chad Frazier. Firefighter Frazier brought the lawsuit in September of 2020, alleging the city failed to pay ...

The City of Davis, California recently settled an FLSA lawsuit filed by a small group of city firefighters for a total of $1,268,912. The lawsuit, which was filed on July 26, 2016, in the U.S. District Court for the Eastern District of California, was centered around whether payments made directly to firefighters in lieu of receiving employer sponsored medical benefits ...

The City of Tipton, Indiana, its mayor and fire chief are facing an FLSA lawsuit filed by a veteran city firefighter. The suit, filed by twenty (plus) year department veteran Chad Frazier, follows a recent Department of Labor (DOL) Wage and Hour Investigation which ultimately found fifteen city firefighters were shorted almost $100,000 in overtime wages. In the suit, Frazier ...

How important is establishing a qualifying work period for §207(k) firefighters? Officials from the Village of Highland Hills, a small suburb outside of Cleveland, found out this past week. In a succinct easy to read six-page opinion, U.S. District Court Judge James S. Gwin, found that the village had not established a work period and was therefore unable to claim ...

In this Vlog, Curt Varone and I discuss a recent federal court decision that invalidated one Texas fire departments use of the FLSA’s §207(k) partial overtime exemption for firefighter/medics assigned to EMS companies. Here is more on this important ruling. Ruling in FF/Medics’ FLSA Overtime Lawsuit Stresses Importance of FD Policies and Procedures