Tag Archives: collective bargaining

Firefighters, Two Rates of Pay, and the FLSA

Today’s FLSA Question: I am the payroll/HR manager for a fire department. Our department offers first aid and CPR classes for residents of the community. We offer the classes a couple of times per year. Firefighters that are certified CPR and first aid instructors teach the classes during off-duty hours. However, since most of the firefighters make different hourly rates, ...

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Overtime for Scheduled Hours and the FLSA

Today’s FLSA Question: I am a paid municipal firefighter for a small fire department. When our firefighters utilize vacation, sick, or personal leave, the city deducts this time from the firefighter’s hours worked for FLSA overtime purposes. However, a neighboring community’s fire department counts all scheduled hours for overtime purposes. Basically, the firefighters in that town receive overtime every payday ...

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On-Call Stipend, Regular Rate, & the FLSA

Today’s FLSA Question: I am the union president of a mid-sized fire department. In our most recent contract negotiations, we were able to secure a small “on-call” stipend for several fire department officers that are required to be on-call. Starting July 1, the fire marshal and safety officer will each receive a weekly stipend for the inconvenience of being on-call. ...

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No Overtime for Washington State Battalion Chiefs

In what is likely to be the first of several legal decisions involving fire department shift commanders and Fair Labor Standards Act (FLSA) overtime eligibility, eight current and former Vancouver, Washington battalion chiefs (BCs) have lost their bids for FLSA overtime. This litigation began almost two years ago, after a small group of current and former BCs filed a federal ...

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Allegations of FLSA Regular Rate Violations Against CA Fire Department

Cathedral City, California, is the latest city to face allegations of unpaid overtime from one of its firefighters. Corey Goddard, an engineer/paramedic for the Cathedral City Fire Department, filed a federal lawsuit this week alleging his employer [Cathedral City] failed to include all remuneration in his and other firefighters’ regular rate of pay in violation of the FLSA. In the ...

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Non-Firefighter Medics, Shift Substitutions, and the FLSA

Today’s FLSA Question: I am a non-firefighting paramedic and a union representative in an urban city. The city allows firefighters to freely substitute with each other for their assigned shifts. We would like to receive the same opportunities as firefighters regarding substitutions. Unfortunately, the city’s HR director believes the FLSA limits shift substitutions to firefighters and police officers. As a ...

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IN Firefighters File Lawsuit Seeking Overtime Pay

A group of fifteen firefighters and their local union, are suing the Town of Chesterton, Indiana, over unpaid overtime that dates back almost 10 years. The suit, which was filed on February 16, in the U.S. District Court for the Northern District of Indiana alleges the town has “willingly, deliberately and intentionally refused to pay Chesterton Firefighters for time and ...

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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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