Tag Archives: collective bargaining

Firefighters performing part-time work

Today’s FLSA Question: I am the chief of a midsize, full-time fire department. Our overtime budget is constantly the source of contention and scrutiny by town administrators, elected officials, and the public. Our line firefighters average 42 hours per week on 4 platoons. We use a 14-day work period and pay overtime for all hours worked in addition to the ...

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Sick Leave Buy-Backs and the Regular Rate

Today’s FLSA Question: I recently read (on FirefighterOvertime.org) that money paid to firefighters for unused vacation time typically does not need to be included in a firefighter’s regular rate. Our employment contract provides “bonuses” up to $1,000 annually if a firefighter does not use any sick time in a calendar year, and states that a certain number of unused sick ...

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Former California Police Officer Sues City for Unpaid Overtime Related to K9

Adolfo Jimenez, a former police officer for the City of Parlier, California, has filed a federal law suit in the Eastern District of California, claiming the city violated the Fair Labor Standards Act (FLSA). The suit alleges the city failed to adequately compensate Jimenez for off-the-clock work related to the care, training, maintenance, and transport of his police work dog. ...

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Paying Firefighters . . . It’s all about the work period

The FLSA requires any public agency electing to utilize the §207(k) partial overtime exemption for police officers and firefighters establish a work period. In other words, to avoid paying overtime to firefighters and police officers after they work 40 hours every 7 days, the public agency needs to establish a qualifying work period. While establishing a work period may not ...

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Vacation Buy-Back and the FLSA

Today’s FLSA Question: Our employment contract contains a provision entitled “annual vacation buy-back,” which allows firefighters to cash out up to 100 hours of unused vacation hours annually. The hours are paid at the firefighter’s hourly rate at the time of buy-back. Does this “buy-back” money for unused vacation time need to be included in the firefighter’s regular rate? Excellent ...

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Albuquerque Firefighters and City Resolve Pay Dispute

The City of Albuquerque, New Mexico, has reached an agreement with the International Association of Firefighters (IAFF), Local 244, which represents the city’s firefighters for a one-time $8 million payment to settle an almost decade long pay dispute. In 2008, the city and firefighters entered into a three-year collective bargaining agreement (CBA) in which the city promised to provide a ...

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Longevity Pay and Regular Rate

Today’s FLSA Question: Does longevity pay need to be included in a firefighter’s regular rate of pay? What if the firefighter receives longevity pay in a lump sum every year? Yes, most longevity payments need to be included in the regular rate. Whether the money is paid annually, quarterly, weekly, or even hourly does not change this fact. Receiving longevity ...

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“Averaging” FLSA Overtime for Firefighters

Today’s FLSA Question:  I am a fire lieutenant and the president of my local firefighters’ union. We work a 48/96 schedule (48 hours on duty followed by 96 hours off), and utilize a 14-day work period. I know the FLSA requires overtime for all hours worked over 106 in a 14-day work period. We have a unique provision in our ...

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FLSA Comp Time may not be an option for all Fire Departments

Today’s FLSA Question I am the administrator for a nonprofit 501(c)(3) volunteer fire company. We are in the process of hiring our own full-time dispatchers. Currently the county provides dispatch services, however we are transitioning from a completely volunteer organization to a combination department. We want to mirror the county’s compensatory time (comp time) policy. All county employees, including county ...

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