A group of fire investigators from the Prince George’s County Fire Department have settled an overtime lawsuit they filed last summer. The lawsuit, which was filed in federal court on June 18, 2020, on behalf of fourteen county fire investigators, alleged the county’s pay practices violated the FLSA. Specifically, the investigators claimed the county improperly classified them as §207(k) firefighters. ...
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The FLSA’s §207(k) Exemption May Not Be an Option for Some Fire Departments
Today’s FLSA Question: I am a full-time paid fire chief for a private non-profit volunteer fire company. Over the past twenty-five years our organization has grown and required the hiring of several daytime staff personnel (training chief, fire marshal, assistant chief) to augment our core of volunteer and paid-on-call firefighters. But we are now in the process of hiring our ...
Read More »Judge Finds Lack of Established Work Period Results in Loss of §207(k) Exemption for One OH Fire Department
How important is establishing a qualifying work period for §207(k) firefighters? Officials from the Village of Highland Hills, a small suburb outside of Cleveland, found out this past week. In a succinct easy to read six-page opinion, U.S. District Court Judge James S. Gwin, found that the village had not established a work period and was therefore unable to claim ...
Read More »Virginia Beach Faces Overtime Lawsuit from EMS Captains
A small group of current and former EMS Captains for the City of Virginia Beach’s Emergency Medical Services Department have filed a federal lawsuit alleging the city’s pay practices violate both the FLSA and Virginia state law. According to the medics’ complaint, which was filed earlier this week in federal court, the city improperly classifies EMS Captains as overtime exempt ...
Read More »Firefighter/Medics Assigned to EMS Companies and the FLSA’s 207(k) Exemption
In this Vlog, Curt Varone and I discuss a recent federal court decision that invalidated one Texas fire departments use of the FLSA’s §207(k) partial overtime exemption for firefighter/medics assigned to EMS companies. Here is more on this important ruling. Ruling in FF/Medics’ FLSA Overtime Lawsuit Stresses Importance of FD Policies and Procedures
Read More »Retired PA Fire Department Shift Commander Files FLSA Suit
Retired First Deputy Fire Chief Gary Mogel has filed an FLSA lawsuit against his former employer, the City of Reading, Pennsylvania alleging the city violated the FLSA by failing to pay fire department shift commanders any overtime. This lawsuit is the latest of several recent lawsuits involving fire department shift commanders challenging their employer’s classification as “white-collar” overtime exempt employees. ...
Read More »Ruling in FF/Medics’ FLSA Overtime Lawsuit Stresses Importance of FD Policies and Procedures
Fire Departments that utilize the FLSA’s §207(k) partial overtime exemption for cross-trained firefighter/EMTs should carefully review their policies and procedures following a recent court decision. The decision, which was handed down by U.S. District Court Judge Ada Brown, invalidated the Dallas/Fort Worth International Airport’s Fire Department’s (DFWFD) use of the §207(k) exemption for cross-trained firefighter/EMTs assigned to the department’s EMS ...
Read More »207(k) Firefighters, Work Periods, and the FLSA
Today’s FLSA Question: I am a city human resources manager. Our city’s firefighters work 24 hours on-duty, followed by 48 hours off-duty for an average of 56 hours per week. Currently, the city utilizes a 27-day work period for line firefighters. However, our firefighters are paid bi-weekly. Therefore, firefighters frequently do not get paid for their overtime until two or ...
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