Tag Archives: executive exemption

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 ...

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 ...

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 ...

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 ...

The City of Niagara Falls, NY will be looking for new police and fire chiefs this New Year. Both chiefs stepped down from their positions just prior to the end of 2018. On first glance this type of change is not unusual. Many high-ranking public safety officials plan retirements around this time of year, however in this instance, neither men ...

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 ...

Should battalion chiefs be eligible for FLSA overtime? That is precisely the question a federal court in Washington State will be answering in the coming months. This case is one of many pending lawsuits that we are following regarding shift commanders and overtime eligibility. This particular case began in May of 2017, when eight current and former Vancouver, Washington, battalion ...

Lately, it seems that a week cannot pass without a complaint, settlement, or ruling pertaining to first responders being classified, or misclassified, under the FLSA’s “white-collar” exemptions. Here are just a couple of recent examples: Florida Battalion Chiefs File FLSA Suit Virginia Battalion Chiefs File Lawsuit Seeking Overtime Pay California City and Firefighters Reach Global Settlement following a 2016 FLSA ...

On September 12, 2018, six Battalion Chiefs (BCs) from the Greater Naples Fire Rescue District (district) filed a lawsuit in federal court seeking overtime pay. According to the complaint, the district classifies the BCs as white collar overtime-exempt employees. The BCs estimate that each is owed approximately $60,000 in unpaid overtime wages for the past 3 years. Additionally, the complaint ...

FLSA Question: I am a battalion chief in a mid-sized municipal fire department. I command a platoon of firefighters and work 24-hour shifts. I work an average of 56 hours per week. I do not receive any overtime. The city considers myself and other BCs overtime-exempt executives. . . . I recently read that “first responders” are entitled to overtime ...