Tag Archives: fire chief

West Virginia Supreme Court Denies City’s Latest Effort to Reverse Lower Court’s Decision in Firefighter Holiday Pay Dispute

In the latest bit of legal wrangling between the City of Martinsburg and its professional firefighters, the West Virginia Supreme Court of Appeals has denied the city’s appeal seeking to reverse an earlier ruling by a lower court, in favor of the firefighters. As a result, the 2018 lawsuit which centers around a highly unique West Virginia statute related to ...

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DOL Investigation Finds Colorado County Failed to Pay Law Enforcement Officers for Pre-and-Post Shift Work

An investigation conducted by the U.S. Department of Labor (DOL) has found that the Rio Blanco County Sheriff’s Office violated the FLSA by not paying law enforcement officers for the time spent working before and after scheduled work shifts. The FLSA requires employers pay overtime eligible employees for all hours worked. This includes time spent before and after assigned work ...

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Illinois Firefighters File FLSA Suit

A group of four firefighters have filed a lawsuit, in the U.S. District Court for the Northern District of Illinois, alleging their employer, the Village of Winthrop Harbor, Illinois, underpaid them for overnight shifts and failed to pay overtime as required by the Fair Labor Standards Act and the Illinois Minimum Wage Law. The Village of Winthrop Harbor is a ...

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Portsmouth VA Settles FLSA Suit with Paramedics Absent Trial

The City of Portsmouth, Virginia has reached a settlement with a group of fifteen paramedics ending an FLSA lawsuit filed in late 2020. The medics alleged the city failed to pay them overtime as required by the FLSA and Virginia Law. For more on the medics’ claims, including a copy of the complaint, click here. The terms of the settlement ...

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Part-Time Firefighters, Paid Time Off, Overtime, and the FLSA

Today’s FLSA Question: I have been a part-time firefighter working for a small non-union municipal fire department for more than 5 years. My department augments full-time staff with part-timers, like myself. Historically, working as a part-time firefighter was the best way to get a job as a full-time firefighter. Up until recently, the department’s part-time firefighters were limited to a ...

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FLSA Mistakes Do Not Have To Be Costly

Today’s FLSA Question: I am a new fire chief for a mid-sized full-time paid fire department. Our firefighters work a 48/96 schedule with a 24-day work period. Additionally, we provide our firefighters with 12 (24-hour) Kelly Days every year. However, we do not assign a Kelly Day every work period. Instead, we allow our firefighters to use their 12-Kelly Days ...

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Firefighters Paid on a Salary Basis, Overtime, and the FLSA

Today’s FLSA Question: I am a rookie firefighter working for a rural county fire department. I am confused about the way firefighters in my fire department are compensated. We are paid a bi-weekly salary. However, we also receive FLSA overtime pay for all hours worked over 106 every two weeks. I am confused. I thought that being paid a salary ...

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“Use It, or Lose It” Policy Not an Option for FLSA Comp Time

Today’s FLSA Question: I am a non-exempt battalion chief for a municipal fire department. Our department requires all non-exempt chief officers, like myself receive FLSA comp time in lieu of FLSA overtime. Recently, the city changed some comp time policies. First, the maximum number of comp time hours an employee can accrue is now capped at 300 hours. Previously, we ...

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