Tag Archives: comp time

Comp-Time Payments, Base Hourly Rate, and the FLSA

Today’s FLSA Question: I am a full-time firefighter in a small combination fire department. My department has a long history of providing FLSA comp time instead of paying FLSA overtime. However, the department uses the firefighter’s base hourly rate when using accrued comp time. This base rate does not include any wage incentives or stipends. Additionally, the fire department allows ...

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Comp Time Agreements and the FLSA

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 ...

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Jonesboro Arkansas Facing FLSA Lawsuit from Former Emergency Dispatcher

A former emergency dispatcher for the City of Jonesboro, Arkansas has filed a federal lawsuit alleging the city of Jonesboro violated both the FLSA and Arkansas state law. The lawsuit was filed by Laura Trullinger on behalf of herself and other similarly situated individuals [i.e., other city workers] in the U.S. District Court for the Eastern District of Arkansas, earlier ...

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Collective Bargaining, Comp Time, and the FLSA

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 ...

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$16.5 Million Settlement Reached in FEMA Unpaid Overtime Claim

According to AFGE Local 4060, the union that represents thousands of Federal Emergency Management Agency [FEMA] workers, a $16.5 million settlement has been reached following a 2018 grievance for unpaid overtime. According to the union’s president Steven Reaves the bulk of the settlement funds will be distributed to effected employees based on various factors and data and will likely take ...

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Iowa City Looks to Settle FLSA Lawsuit over Misclassification of Fire Captains and Battalion Chiefs

The City of Muscatine, Iowa is the latest city looking to settle an overtime lawsuit filed by several senior fire officers. In a September 2021 lawsuit, a group of five firefighters alleged the city improperly classified fire captains and battalion chiefs as overtime exempt employees. According to the firefighters, the city changed pay practices and started paying captains overtime in ...

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Former Arkansas Sheriff’s Department Dispatcher Files FLSA Lawsuit Alleging Misclassification, Uncompensated Pre-and-Post Shift Activities, and Comp Time Violations

Cayla Jackson, a former dispatcher and jailer for the Prairie County Arkansas Sheriff’s Department has filed a lawsuit against her former employer for multiple violations of both the FLSA and the Arkansas Minimum Wage Act. Jackson further claims that many other county dispatchers and jailers are not receiving overtime or straight time pay as required by both federal and state ...

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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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“Use It, or Lose It” Policy Not an Option for FLSA Comp Time

Today’s FLSA Question: I am a non-exempt battalion chief for a municipal fire department. Our department requires all non-exempt chief officers, like myself receive FLSA comp time in lieu of FLSA overtime. Recently, the city changed some comp time policies. First, the maximum number of comp time hours an employee can accrue is now capped at 300 hours. Previously, we ...

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Limitations on FLSA Comp Time for Firefighters

Today’s FLSA Question: Can a fire department’s collective bargaining agreement limit the amount of FLSA compensatory time (comp time) a firefighter can accrue to only 240 hours? The current contract allows firefighters to accrue up to 480 hours of FLSA comp time. A new city administrator wants to negotiate with the firefighter’s union in an effort to lower the city’s ...

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