Tag Archives: collective bargaining

Can the terms and conditions of a collective bargaining agreement (CBA) supersede the FLSA’s basic overtime requirements? That was one of several questions answered recently by a federal judge in Illinois. District Court Judge J. Phil Gilbert ruled that an FLSA lawsuit filed by a group of 911 dispatchers that work for the St. Clair County Emergency Management Association can ...

Today’s FLSA Question: My department provides all firefighters and officers [except for staff personnel assigned to 40-hour workweeks] 13 floating Kelly Days per year. In exchange for these Kelly Days, we do not receive any FLSA overtime for our scheduled work shifts. In the past, the department allowed two firefighters to use their floating Kelly Day on any given shift. ...

Today’s FLSA Question: Can the terms of a negotiated agreement between a union and an employer [i.e., collective bargaining agreement, memorandum of understanding, etc.] supersede the FLSA’s overtime requirements? Answer: No, a negotiated agreement between a union and an employer will not supersede the FLSA’s overtime requirements. This is a relatively common misconception when it comes to the impact of ...

Today’s FLSA Question: I work for a municipal fire department. Everybody that works for the city [including the fire department] is paid on a weekly basis. However, firefighters do not receive overtime pay on a weekly basis. The firefighters overtime pay is included in every fourth paycheck. Why do firefighters have to wait? By the way, other city employees don’t ...

Today’s FLSA Question: I am a firefighter in a small full-time unionized fire department. Our most recent three-year collective bargaining agreement provided us with “discretionary” lump-sum annual bonuses in lieu of traditional percentage-based wage increases. In the first year of the contract, we received a $2,000 lump sum payment. In the second and third year of the contract we will ...

The City of Milwaukee, Wisconsin has proposed a settlement of more than $1.5 million with several hundred city firefighters following a 2020 FLSA lawsuit. The settlement, which still requires court approval, allocates up to $1.15 million for back wages and damages, up to $400k for the firefighters’ attorneys, another $25k for court costs, and an additional $5k for the firefighter ...

The City of Huntington, West Virginia has agreed to a $415,000 settlement with a group of current and former city firefighters following their 2020 lawsuit over holiday pay. The firefighters’ allegations center around a unique portion of the West Virginia Wage Payment and Collection Act that requires paid firefighters either receive time and one-half pay for all hours worked on ...

Today’s FLSA Question: I am a union firefighter for a mid-sized municipal fire department. Our labor contract with the city allows firefighters to receive FLSA comp time instead of FLSA overtime. Despite this option our firefighters have always chosen overtime pay. To my knowledge, the city has never provided any firefighter with comp time. Recently, several firefighters including myself requested ...

Today’s FLSA Question: My fire department has a firefighter out on long-term leave. He is receiving his normal salary by utilizing his accrued sick leave while out of work. While on leave he performed six hours of computer type work from home. This work wasn’t required. He volunteered to file some reports related to grants and other computer work. As ...

The Dallas Fire Fighters Association is claiming that the City of Dallas, Texas has failed to pay hundreds of firefighters’ tens of thousands of dollars in unpaid overtime dating back several months. According to union officials, the city failed to pay some firefighters overtime for hours worked during the months of December 2021 and January 2022, in violation of city ...