Tag Archives: EAP Exemptions

A federal district court ruled that District Chiefs (DCs) in the City of Orlando’s Fire Department are exempt from any FLSA overtime pay. In a somewhat unusual ruling, United States District Judge Carlos Mendoza accepted the City of Orlando’s request to have an earlier ruling “reconsidered” and ultimately found the DCs met the requirements necessary to be classified as overtime ...

Fifteen current and former fire officers from the West Des Moines, Iowa Fire Department have filed a lawsuit against their employer, the City of Des Moines claiming the city failed to pay them as required by the FLSA. More specifically, the fifteen claim they were improperly classified as overtime exempt “white-collar” employees for many years in violation of the FLSA. ...

A group of seven current and former FDNY Battalion Chiefs have filed a federal lawsuit alleging the City of New York improperly classified them as overtime exempt executive employees in violation of the FLSA.  The seven battalion chiefs filed the lawsuit on behalf of themselves and other “similarly situated individuals” in the United States District Court for the Southern District ...

The City of Milwaukee and a group of current and former chief officers have reached a global settlement to resolve a 2024 FLSA misclassification lawsuit. According to city documents, a total of $1 million has been earmarked to resolve claims found in the lawsuit and will be distributed to current and former Battalion and Deputy Fire Chiefs that were denied ...

Lumpkin County Fire Department, located in Dahlonega, Georgia has agreed to settle a 2022 FLSA misclassification lawsuit filed by a former battalion chief. The lawsuit, which was filed on November 30, 2022, in the U.S. District Court for the Northern District of Georgia, contained allegations the county improperly classified Battalion Chief Sharon Booth as an overtime exempt employee in violation ...

Former Lumpkin County Fire Department Battalion Chief Sharon Booth has filed suit against her former employer alleging that the county misclassified her as an overtime exempt employee in violation of the FLSA. The lawsuit, which was filed on November 30, 2022, in the U.S. District Court for the Northern District of Georgia contains rather straightforward claims of unpaid overtime for ...

Three “former” Battalion Chiefs from the Portage, Indiana Fire Department filed a lawsuit in federal court last week claiming the city of Portage failed to provide them overtime pay as required by both the FLSA and Indiana state law. Additionally, the chiefs’ complaint alleges that the city has unlawfully retaliated against them in violation of the FLSA. Specifically, the chiefs ...

Two deputy fire chiefs with the Arlington, Texas Fire Department have filed a lawsuit alleging the City of Arlington fails to pay them overtime as required by Texas law. The complaint, which was filed in Tarrant County, Texas, on the behalf of Deputy Fire Chiefs Troy Brooks and Scott Hofstrom, contains several basic allegations. Quoting from the complaint: During all ...

A recently retired battalion chief from the Roswell, Georgia Fire Department has filed a federal lawsuit against the City of Roswell alleging the city’s pay practices violate both the FLSA and state laws. Retired Battalion Chief Edwin Vickery filed the lawsuit on July 28, 2022, in the U.S. District Court for the Northern District of Georgia. Here is a breakdown ...

Today’s FLSA Question: I am an overtime exempt battalion chief for a full-time fire department. I do not receive any overtime pay for my scheduled work shifts or for required meetings or trainings. I receive extra pay for working additional hours on other shifts. For example, if one of the other two battalion chiefs is on vacation or takes a ...