Tag Archives: EAP Exemptions

Battalion Chiefs, Straight Time Overtime, and the FLSA

Today’s FLSA Question: I am an overtime exempt battalion chief for a mid-sized municipal fire and medical department. I do not receive any FLSA overtime. Despite being overtime exempt, the city pays me and other exempt chiefs “straight time overtime” for additional shifts worked beyond the normal work schedule. This is paid at our normal hourly rate. It is not ...

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Federal Judge Approves Settlement in Virginia Beach FLSA Misclassification Lawsuit

Senior United States District Court Judge Rebecca Beach Smith has approved a $200,000 settlement in a FLSA misclassification lawsuit filed late last year by a group of Emergency Medical Service (EMS) Captains, in Virginia Beach, Virginia. The settlement, which was officially approved by the court on Friday December 10, 2021, requires the City of Virginia Beach to pay a total ...

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VA Beach Settles “White Collar” FLSA Lawsuit with EMS Captains

The City of Virginia Beach, Virginia has agreed to a $200,000 settlement with 8 Emergency Medical Services (EMS) Captains following a November 2020 lawsuit for unpaid overtime. The captains alleged the city misclassified them as overtime exempt “white collar” employees in violation of the FLSA and Virginia state law. The terms of the settlement require the city to pay a ...

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Firefighters Paid on a Salary Basis, Overtime, and the FLSA

Today’s FLSA Question: I am a rookie firefighter working for a rural county fire department. I am confused about the way firefighters in my fire department are compensated. We are paid a bi-weekly salary. However, we also receive FLSA overtime pay for all hours worked over 106 every two weeks. I am confused. I thought that being paid a salary ...

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Ohio City Settles FLSA Lawsuit with Firefighters

The City of Eaton, Ohio has settled a lawsuit filed by four current and former fire department employees for a total of $185,000. The lawsuit, which was filed in 2019 by four of the department’s five full-time employees, contained two basic allegations. The first allegation was that the city misclassified the four full-time fire department employees as overtime exempt executive ...

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FL Fire Captains Reach Settlement with County Following FLSA Suit

Seventeen Fire Captains from Marion County Fire and Rescue (MCFR), in Marion County, Florida have reached a settlement with the county following a 2019 lawsuit alleging they were misclassified as overtime exempt executives. The settlement, which still must be approved by the court, requires the county to pay a total of $725,000 to the captains and their attorneys. The settlement ...

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The City of Lawrence, KS agrees to pay almost $1 Million in back OT to several dozen police sergeants, fire captains, and other city employees following FLSA review

The City of Lawrence, Kansas has voluntarily agreed to pay $998,600 to 24 police sergeants, 21 fire captains, and 3 other city employees following a recent FLSA review. The review, which was requested by a group of fire captains in 2019, found that the city improperly classified numerous city employees as overtime exempt. As a result of the city’s misclassification ...

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Georgia County Reaches Settlement with Battalion Chiefs Following FLSA Suit

The Newton County Fire Department has reached a settlement with three battalion chiefs (BCs) following a 2019 lawsuit over FLSA overtime. The three BCs filed the suit in U.S. District Court for the Northern District of Georgia in November 2019. The three alleged the county improperly reclassified BCs from overtime eligible first responders to overtime exempt employees in July 2018. ...

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