Tag Archives: fire department

Today’s FLSA Question: I am the union president for a mid-sized municipal fire department. Our labor agreement allows us to conduct an annual bid. Basically, all shift personnel bid by seniority in rank to a specific platoon (A, B, or C) and piece of apparatus once a year. The only “catch” is that the bid must occur at “no-cost” to ...

Wake County, North Carolina has reached a very quick settlement with a group of current and former paramedics following a March 2021 FLSA lawsuit in which county medics alleged “miscalculated overtime premiums.” The settlement requires Wake County pay a total of $297,121.90 to settle all claims for back wages and liquidated damages with all plaintiffs. Additionally, the county will pay ...

The U.S. Court of Appeals for the Fourth Circuit has reversed a lower court ruling that previously dismissed an FLSA overtime lawsuit filed by a North Carolina EMT. Sara Conner, an EMT for Cleveland County, North Carolina Emergency Medical Services filed the lawsuit, on behalf of herself and other similarly situated EMTs, in the U.S. District Court for the Western ...

Senior United States District Court Judge Rebecca Beach Smith has approved a $200,000 settlement in a FLSA misclassification lawsuit filed late last year by a group of Emergency Medical Service (EMS) Captains, in Virginia Beach, Virginia. The settlement, which was officially approved by the court on Friday December 10, 2021, requires the City of Virginia Beach to pay a total ...

Today’s FLSA Question: I recently read your article entitled “Firefighters, Mandatory Overtime, and the FLSA” and have a somewhat related follow-up question. I work for a large county fire department. We also work a 24/48 schedule with a scheduled Kelly-day every three weeks for a 48-hour average workweek. However, we receive overtime for all additional hours worked outside of our ...

Today’s FLSA Question: I am a volunteer fire chief for a fully volunteer fire department. Like many volunteer fire departments, we struggle getting trucks on the road during weekday hours. However, we have several volunteer firefighters that are employed by the town in other departments in addition to serving as volunteer firefighters. Recently, a town official proposed allowing these town ...

A group of four former Destin, Florida firefighters filed an FLSA lawsuit earlier this week alleging that their former employer, The Destin Fire Control District [District] failed to pay them for hours spent attending work-related training. Former Destin firefighters David Garner, Brian Ostos, Alejandro Osorio, and Joseph Quinn filed the lawsuit in the U.S. District Court for the Northern District ...

The City of Virginia Beach, Virginia has agreed to a $200,000 settlement with 8 Emergency Medical Services (EMS) Captains following a November 2020 lawsuit for unpaid overtime. The captains alleged the city misclassified them as overtime exempt “white collar” employees in violation of the FLSA and Virginia state law. The terms of the settlement require the city to pay a ...

An FLSA overtime lawsuit filed last fall by a retired deputy fire chief will continue following a recent federal court ruling. Retired First Deputy Fire Chief Gary Mogel filed the lawsuit in September 2020, in the U.S. District Court for the Eastern District of Pennsylvania. Mogel alleges in his lawsuit that his employer, the City of Reading Pennsylvania, failed to ...

The U.S. Court of Appeals for the Sixth Circuit has upheld a lower court’s finding that in order to utilize the FLSA’s §207(k) partial overtime exemption, a fire department must establish a qualifying work period. This story began back in January 2020 when former Highland Hills, Ohio firefighter David Vance filed an FLSA lawsuit against his former employer. Vance’s allegations ...