Tag Archives: DOL

New DOL Rule Makes It Easier to Lower First Responder Pay

The U.S. Department of Labor (DOL) has announced a significant modification to an existing overtime rule for employees that work fluctuating hours from week to week. As a result, many first responders, including firefighters may find less money in their paychecks in the coming months. The new rule, set to take effect in July, alters the current stringent requirements necessary ...

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COVID-19 Hazardous Duty Pay and the Regular Rate

Today’s FLSA Question: I am a municipal fire chief. In response to the current COVID-19 pandemic our city passed an ordinance providing rank-and-file city firefighters with hazard pay. This hazard pay is above and beyond the firefighters’ normal wages and is payable for every hour worked. In fact, the city even made the payment retroactive to include the last two ...

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Volunteer Fire Company Sues CT Town Over Volunteer Stipends

An unusual battle between an independent volunteer fire company and a rural New England town has resulted in the fire company filing a lawsuit against the town. In a March 31 lawsuit—filed in New London Superior Court—the Gardner Lake Volunteer Fire Company alleges the Town of Salem, CT is unlawfully withholding almost $28,000 earmarked for volunteer firefighter stipends from the ...

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City hall makes it tough for city employee to volunteer as a firefighter

Today’s FLSA Question: I am an administrative assistant for a small municipal fire department. My job is primarily related to scheduling inspections, handling public information requests, ordering supplies, and handling payroll for our full-time and part-time paid staff. Our organization has a mixture of full-time, part-time and volunteer firefighters. The volunteers do not receive any money for serving as volunteers, ...

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Retention Bonus, Firefighters, and the FLSA

Today’s FLSA Question: I am a city finance director responsible for paying our city’s public safety workers. The fire chief recently approached me with an interesting idea for new firefighters. During the recession the city lowered the starting wages for fire department employees significantly. This has impacted our ability to recruit and retain rookie firefighters. The chief would like to ...

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Settlement Reached in Cleveland EMS FLSA Lawsuit

The City of Cleveland, OH has agreed to pay over $619,322 to settle a 2018 lawsuit filed by a lone EMT alleging the city violated the FLSA and Ohio state law. The suit, which was filed in U.S. District Court for the Northern District of Ohio in November 2018, contained rather straight-forward allegations of underpaid overtime. Specifically, EMS Captain Margerita ...

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Legal Implications of Quarantined Firefighters and the Corona Virus

In this Podcast, Curt Varone and I discuss the legal implications related to the quarantine of firefighters following the recent Corona COVID – 19 breakout. The issues discussed include: the applicability of workers’ compensation benefits for quarantined firefighters, FLSA wage and hour requirements for injured and quarantined firefighters, and much more.

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Regular Rate, Sick Leave Incentives, and the FLSA

Today’s FLSA Question: I am the fire chief of a mid-sized municipal fire department. The most recent collective bargaining agreement with our firefighters contains an incentive plan designed to curb sick leave abuse. Firefighters and officers that use less than 72 hours of sick leave during a calendar year receive an additional 24 hours of paid leave during the following ...

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Firefighters, Time and One-Quarter Pay, and the FLSA

Today’s FLSA Question: I am a fire chief for a small full-time fire district. Our firefighters only receive overtime after they work 212 hours in a twenty-eight-day work period. We do not pay any overtime unless the FLSA requires it. The vast majority of our neighboring departments pay their firefighters overtime for any unscheduled work hours regardless of actual hours ...

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