Tag Archives: comp time

Judge Sides with WV Firefighters In First Round of Holiday Pay Dispute; Extent of Damages and Fate of Retaliation Claims Remain

A Berkeley County West Virginia Circuit Court judge issued a summary judgement ruling in favor of approximately three dozen current and former Martinsburg, West Virginia firefighters following a 2018 lawsuit over holiday pay. A summary judgement ruling is a judicial decision based on undisputed facts without the need for a full-blown trial. Here, Judge Laura Faircloth found the city liable ...

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Three Recently Retired NY Firefighters File FLSA Suit

Three recently retired Gloversville, New York firefighters have filed a lawsuit in the U.S. District Court for the Northern District of New York claiming the City of Gloversville violated the FLSA. Recent Gloversville Fire Department retirees, James Anderson, Robert Davis, and David Rackmyre allege the city failed to properly administer its FLSA compensatory (comp) time program which resulted in the ...

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Cleveland Ohio Facing FLSA Suit Over Comp Time

A veteran Cleveland police officer has filed suit against the city alleging its compensatory time (comp time) policies violate the FLSA. Officer Jeffrey Kozma filed the suit, on behalf of himself and similarly situated individuals, in the U.S. District Court for the Northern District of Ohio on August 15, 2019. According to the complaint, the city mandates police officers receive ...

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San Diego Firefighters File FLSA Lawsuit

Several current and former San Diego firefighters filed a federal lawsuit last week alleging the City of San Diego violated the FLSA. Eric Kelley, Patrick Hesters, and Eric Dunnick filed the suit on behalf of themselves and other similarly situated individuals in the U.S. District Court for the Southern District of California on April 2, 2019. The firefighters’ complaint states ...

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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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Post-Employment Rights to Accrued FLSA Comp Time, Vacation, and Sick Leave

Today’s FLSA Question: I recently resigned my position with a municipal fire department to take another position at a neighboring fire department. Before I left, I had accrued over 200 hours of FLSA compensatory time (comp time), 80 hours of vacation, and another 250 hours of sick leave. Now, my former department refuses to pay me for these hours. Can ...

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Fire Chiefs, Comp Time, and the FLSA

Question: I recently accepted a position as a fire chief for a small department. I just retired as a battalion chief from a larger neighboring department. My new department considers my position as overtime exempt. I know I will be working well over 40 hours per week. During the interview process I was assured I could accrue comp time, since ...

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Comp Time and Emergency Call-Back

Today’s FLSA Question: I am the union president for a small municipal fire department. We have only five firefighters on duty at any one time. We negotiated an overtime call-back provision within our labor agreement that allows firefighters to come back if the on-duty crew is out of service (on calls) for an extended length of time. Firefighters receive time ...

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