Tag Archives: Fair Labor Standards Act

Uniform Allowances and the FLSA

This is the first of several posts dedicated to answering questions asked by attendees at the recent FLSA for Fire Departments live webinar. If you have questions like this, please consider attending the next live webinar in February 2021. FLSA Question: Can uniform allowances paid to police officers and firefighters be excluded from the regular rate of pay? Does the ...

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Claims of Unpaid Overtime and Possible FLSA Retaliation for an Ohio City

A Columbiana Ohio, police officer recently filed a rather straight-forward lawsuit containing allegations of unpaid overtime. Patrolman Bryan Granchie, a K-9 officer for the Columbiana Police Department filed the lawsuit, in the U.S. District Court for the Northern District of Ohio, alleging the city failed to pay him for hours worked caring for his K-9 work partner “Csuti.” Lawsuits for ...

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Firefighters, Daylight Savings Time, and the FLSA

Does your state participate in daylight savings time? Most likely, you answered yes to this question. Now, in addition to changing the batteries on your smoke and CO detectors, have you considered how daylights savings time may impact a firefighter’s hours worked? Since it is getting to be that time of year again, here is a post from FirefighterOvertime.org dating ...

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Capping Firefighter Overtime, Collective Bargaining, and the FLSA

Today’s FLSA Question: I am a newly appointed fire chief involved in my first contract negotiations with the city’s firefighter union. Understandably, staffing and overtime are hot button topics. The city’s attorney has proposed capping overtime pay at a preset figure on an annual basis. For example, she proposed capping firefighter overtime at $250,000 annually during the term of the ...

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VA Medics File Overtime Lawsuit

A group of fourteen paramedics filed a federal lawsuit last week alleging their employer, the City of Portsmouth Virginia, Fire Rescue and Emergency Services Department failed to pay them overtime as required by both the FLSA and Virginia law. According to the complaint, the medics work on a 14-day rotating schedule consisting of three 12-hour work shifts during the first ...

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San Diego Approves $3.4 Million Settlement in FLSA Lawsuit with City Firefighters

The San Diego City Council unanimously approved a $3.4 million settlement with more than 700 city firefighters this week. The settlement resolves a 2019 lawsuit, that was initially filed by only three city firefighters, alleging the city’s pay practices violated the FLSA. Over the course of the next several months hundreds of more firefighters opted into the suit. In the ...

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Upstate NY City Settles FLSA Suit

The City of Gloversville, New York has agreed to settle a lawsuit filed by three retired firefighters over alleged violations of the FLSA. According to The Leader-Herald, the settlement provides a total of $110,000 paid to the three retirees and their attorney(s). The crux of the retired firefighters’ claims revolved around the FLSA’s compensatory time (comp time) requirements. In particular, ...

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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. ...

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DC Police Officers File FLSA Lawsuit Over Covid-19 Hazard Pay

A group of more than 1,000 Washington D.C., police officers filed a lawsuit earlier this week in the U.S. District Court for the District of Columbia alleging the District has shorted the officers’ overtime rate during the COVID-19 pandemic. Specifically, the officers claim the District has failed to include hazardous duty pay in their regular rate of pay in violation ...

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