Tag Archives: Fair Labor Standards Act

In an interesting story from across the Atlantic, approximately 500 paramedics and emergency medical technicians (EMTs) have “withdrawn” from working overtime following a labor dispute with Ireland’s Health Service Executive (HSE). The HSE is a governmental agency charged with providing health and social services to all of Ireland. According to the Irish Examiner, the dispute between the HSE and members ...

Today’s FLSA Question: Does the FLSA mandate overtime pay for a firefighter that is not working, but collecting workers’ compensation benefits due to an on-the-job injury? Answer: No. The FLSA does not mandate overtime pay for hours a firefighter is not working due to an on-the-job injury. The FLSA only requires overtime pay for hours actually worked. However, your question ...

Union officials in Pueblo City, Colorado are sounding the alarm over the city’s decision to temporarily close engine companies while firefighters assigned to those rigs attend paramedic school. According to KOAA, News channel 5, nine city firefighters are currently attending paramedic school during their normally assigned work shifts. The department has structured the training so that only one engine company, ...

Today’s FLSA Question – I am a firefighter. We have a collective bargaining agreement (CBA) that requires overtime (OT) pay for all hours worked outside of a firefighter’s scheduled shifts, regardless of hours actually worked in the work period. This contract OT rate does not include various monetary incentives (longevity, medic pay, and HAZMAT pay). However, we also receive FLSA ...

Today’s FLSA Question: I am a fire department training instructor. I help teach at the fire academy a few days per month. I recently instructed one of the recruits to spend some extra time working on ropes over a long weekend. The captain in charge of training informed me that I shouldn’t make those types of statements. In fact, he ...

Five California firefighters filed a lawsuit last week alleging their employer, the City of Santa Clara, violated the Fair Labor Standards Act (FLSA). Christopher Gaffney, Andre Jerome Soto, John C. O’Leary, Guido Quartaroli, and Jeff Provancher filed the collective action (lawsuit) on behalf of themselves and other similarly situated individuals against the city in federal court on October 24, 2018. ...

On Monday October 23, 2018, the City of Naperville, Illinois, implemented a new “power shifting” schedule for some city firefighters. This schedule assigns four full-time firefighters to a 40-hour, Monday thru Friday schedule, as opposed to the traditional 24-hour firefighter schedule. This new innovative data-driven schedule is designed to “enhance services and increase efficiencies while holding the line on [overtime] ...

The Los Angeles County Fire Department is facing scrutiny over departmental overtime and payroll costs. According to the Los Angeles Times (Times), overtime costs for the more than 4,800-member department has increased 36 percent in the past 5 years. The department spent over $200 million on overtime in 2017. In response to these increases, the county recently launched an internal ...

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 ...