Tag Archives: Department of Labor

The U.S. Department of Labor (DOL) has ordered the City of Gary, Indiana to pay 154 firefighters and 18 paramedics a total of $672,000 in back overtime wages. The order follows a DOL investigation into the city’s pay practices related to firefighter and medic pay. According to the DOL, the city failed to pay firefighters overtime for all hours worked ...

Ten Cobb County, Georgia battalion chiefs have filed a federal lawsuit alleging the county has failed to pay them overtime as required by federal law. More specifically, the battalion chiefs claim the county misclassified them as overtime exempt “white collar” employees in violation of the FLSA. Quoting from the complaint: Within the last three years, and continuing to date, while ...

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: I recently read a news story about a fire chief that retired and received compensation for 93 comp time days in addition to his unused vacation and sick time. My question is specifically about the comp time buy-out. Assuming that each “day” equaled 8 hours of comp time, that equates to 744 hours of comp time. My ...

Today’s FLSA Question: I am a full-time paid firefighter in a small rural combination fire department. We have 12 full-time firefighters and another dozen active volunteers. Our department has strict rules that forbid our paid firefighters volunteering their time for the department. Recently, the department began allowing the volunteer firefighters the opportunity to pick up “per diem” shifts. The volunteers ...

Congressman Gerry Connolly, a democrat from Virginia introduced legislation this past week aimed at improving pension benefits and working conditions for thousands of federal firefighters. The legislation, which is called the Federal Firefighter Pay Equity Act, contains two basic requirements. First, it requires the federal government to include overtime wages received by federal firefighters for working their normally prescribed work ...

My friend and colleague Curt Varone recently posted a story on his Fire Law Blog entitled, “Part-Time Fire Chiefs and Compensation.” The post answered a burning question that Curt received on whether part-time fire chiefs can be classified as overtime exempt executive employees. Curt did a great job answering that question and providing some alternative options for compensating part-time fire ...

The City of Encinitas, California is one step closer to resolving an FLSA overtime lawsuit filed by four current and former fire department battalion chiefs. Lawyers representing the city and the battalion chiefs filed a joint motion in federal court last week to approve a settlement reached following an April 2022 lawsuit. The settlement requires the city pay the battalion ...

The Rancho Santa Fe Fire Protection District has settled a lawsuit filed earlier this year by two former fire department battalion chiefs. The settlement, which was approved by U.S. District Court Judge, Janis L. Sammartino on January 9, 2023, requires the district to pay a total of $99,000 to settle the former battalion chiefs’ overtime lawsuit. The two battalion chiefs ...

The City of Selma, Alabama has reached an undisclosed “confidential” settlement with three fire department assistant fire marshals/fire investigators following their 2021 lawsuit for unpaid overtime, breach of contract, and FLSA retaliation. The plaintiffs’ complaint set forth three basic allegations. First, the plaintiffs claim the city misclassified them as overtime exempt employees in violation of the FLSA. Second, the city ...