Tag Archives: executive exemption

Tennessee County Facing FLSA Suit from Medic

Gary Perry, a paramedic for Montgomery County Emergency Medical Services, has filed a federal lawsuit alleging the county fails to pay him and other similarly situated medics overtime as required by the FLSA. According to Perry’s complaint—which was filed in the U.S. District Court for the Middle District of Tennessee on October 28—the county does not provide Perry and other ...

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Florida Fire Captains File FLSA Suit Seeking Overtime

A group of sixteen fire captains from the Marion County Fire and Rescue Department (MCFRD) filed a federal lawsuit last week claiming the county has violated the FLSA. In a complaint filed in the U.S. District Court for the Middle District of Florida, on September 18, 2019, the captains made two basic claims:

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Illinois County Faces Lawsuit Filed By Homeland Security/Emergency Management Personnel Over White Collar Overtime Exemption

Cook County, Illinois is the latest employer dealing with an overtime lawsuit filed by county workers. Three Regional Coordinators for Cook County Department of Homeland Security and Emergency Management (DHSEM) filed a lawsuit on August 21, 2019 in the U.S. District Court for the Northern District of Illinois seeking unpaid overtime. Regional Coordinators Christopher Bruce, John David Daniel, and Brian ...

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Judge Rules WA State Fire Captains are Entitled to FLSA Overtime

Unites States Federal District Court Judge Rosanna Malouf Peterson has ruled in favor of thirteen Hanford, Washington fire captains in their pursuit of FLSA overtime. This judgement is the latest in a series of recent rulings involving fire officers and FLSA overtime eligibility. For more on those see: Federal Magistrate Judge Dismisses OT Claims by VA Battalion Chiefs Absent Trial ...

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Federal Magistrate Judge Dismisses OT Claims by VA Battalion Chiefs Absent Trial

In the latest legal twist involving battalion chiefs (shift commanders) and FLSA overtime eligibility, United States Magistrate Judge Lawrence R. Leonard has dismissed an overtime lawsuit filed by seven Chesapeake, Virginia Battalion Chiefs (BCs). The seven BCs filed the suit last July, in the U.S. District Court for the Eastern Division of Virginia, alleging the City of Chesapeake failed to ...

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Sixth Circuit Denies Overtime for Two Michigan Battalion Chiefs

Two Battle Creek, Michigan battalion chiefs (BCs) have again lost their claim for FLSA overtime. In a June 3, 2019 decision the U.S. Court of Appeals for the Sixth Circuit upheld a lower court’s decision denying Battalion Chiefs Howard Holt and Martin Erskine overtime for time spent on-call after their normal work hours. Battalion chief Howard Holt, who retired in ...

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Federal Judge Throws Out Suit Filed by WA State Fire Department Over FLSA Overtime for Battalion Chiefs and Fire Marshals

This past week a district court judge in Washington state dismissed a highly unusual FLSA lawsuit initiated by the Spokane Valley Fire Department (SVFD) back in the summer of 2017. Spokane Valley filed the suit against the union that represents its firefighters, IAFF Local 3701, in an effort to receive a judicial declaration that SVFD battalion chiefs and fire marshals ...

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No Overtime for Washington State Battalion Chiefs

In what is likely to be the first of several legal decisions involving fire department shift commanders and Fair Labor Standards Act (FLSA) overtime eligibility, eight current and former Vancouver, Washington battalion chiefs (BCs) have lost their bids for FLSA overtime. This litigation began almost two years ago, after a small group of current and former BCs filed a federal ...

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Fire Chiefs, Comp Time, and the FLSA

Question: I recently accepted a position as a fire chief for a small department. I just retired as a battalion chief from a larger neighboring department. My new department considers my position as overtime exempt. I know I will be working well over 40 hours per week. During the interview process I was assured I could accrue comp time, since ...

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