Tag Archives: comp time

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

“Off-the-Books” Paid Time Off Practice Ended for Ohio Police and Firefighters

The City of Akron, Ohio has ended the practice of providing “off-the-books” paid time off to some police officers and firefighters. For more than 30 years, the city had an unwritten policy that allowed some police officers and firefighters take time off in lieu of receiving overtime pay for attendance at community outreach meetings and fire safety events. The paid ...

Read More »

Comp Time Hours Do Not Always Count

Today’s FLSA Question: I have a question about FLSA comp time. Do the hours a firefighter does not work because he or she is using accrued FLSA compensatory time (comp time) need to be included when determining overtime for the work period? I don’t believe they need to be included, since the FLSA typically only requires counting hours worked by ...

Read More »

Another Alleged Regular Rate Violation for California Firefighters

Another California fire department is facing allegations it failed to include all remuneration in firefighters’ regular rate of pay. Kevin Burris, a Petaluma firefighter, has filed a federal lawsuit in the Northern District of California against the city alleging violations of the Fair Labor Standards Act (FLSA). Specifically, Burris claims the city failed to include holiday “in-lieu” pay and money ...

Read More »