Tag Archives: fire department

Training Required for Promotion and the FLSA

Today’s FLSA Question: I am an HR director for a mid-sized city. The fire chief wants to require all future officers possess NFPA 1041 (Fire Service Instructor) and 1021 (Fire Officer I) certification prior to getting promoted. The chief tells me these classes are frequently offered at the state fire academy at a minimal cost. The chief also believes these ...

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Consecutive Hours Worked and the FLSA

Today’s FLSA Question: I am the fire chief of a mid-sized full-time fire department. Currently, our firefighters work 24-hour shifts; however, the firefighters’ union is proposing a move to 48-hour work shifts. I am open to the change, but I am concerned about firefighter fatigue and the effects of working shifts longer than 48 hours. We do not have a ...

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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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Lump Sum Annual OT Payments and the FLSA

Today’s FLSA Question: I am a full-time paid firefighter that works a 24/48 schedule for an average of 56 hours per week. Historically, firefighters in our city received all of their FLSA overtime in one big check at the end of the year. The city maintained a running record of all the overtime pay firefighters were owed from scheduled work ...

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Arkansas Firefighters Gearing Up to File FLSA Suit Over On-Call Time

A lawyer representing a group of Blytheville, Arkansas firefighters is gearing up to sue the City of Blytheville for unpaid wages. According to NewsChannel 3, the lawyer sent a “demand letter” to city officials indicating the intent to file an FLSA lawsuit over a city policy that requires city firefighters be on-call 24-hours per day, seven days per week in ...

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California City Quickly Settles FLSA Dispute with Former Fire Department Employees

The crux of the plaintiff’s complaint involved alleged FLSA regular rate violations. In particular, the city’s failure to include certain wage augments in the plaintiffs’ regular rate. The FLSA requires virtually all the money an employee is paid included in his or her regular rate. Proper calculation of the regular rate is critical since all FLSA overtime must be paid at a rate of at least time-and-one-half of the employee’s regular rate. Very often employers utilize an employee’s base hourly rate to calculate the overtime rate of pay. However, the FLSA requires that all remuneration be included in the regular rate of pay.

Specifically, the plaintiffs made two basic claims:

  • First, the city failed to include money paid directly to employees in lieu of receiving employer sponsored medical benefits in the regular rate.
  • Second, the plaintiffs also wanted holiday pay included in their regular rate.

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Light-Duty Firefighters and the FLSA’s 207(k) Exemption

Today’s FLSA Question: I am a union president for a mid-sized municipal fire department. We have several firefighters recovering from various long-term work-related injuries. The city requires injured firefighters return to work in a light-duty capacity as soon as possible. Historically, the firefighters worked five eight-hour days per week while on light duty. Between doctor’s appointments and therapy, light-duty firefighters ...

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