Tag Archives: fire marshal

$247k Settlement in Oklahoma Fire Marshal’s Unpaid OT and FLSA Retaliation Lawsuit

Stan Smith, a former Fire Marshal for the City of Sand Springs, Oklahoma Fire Department has agreed to a $247,500 settlement with the city following his 2017 lawsuit over unpaid overtime. Smith filed a rather common straight-forward FLSA lawsuit in September 2017. Smith alleged that he regularly performed work during his unpaid scheduled lunch hour. The FLSA requires employers pay ...

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FLSA Retaliation and Overtime Suit Filed by Oklahoma Fire Marshal Will Continue

An FLSA retaliation and unpaid overtime lawsuit filed by an Oklahoma fire marshal will continue following a decision last week by Chief Judge John E. Dowdell of the U.S. District Court for the Northern District of Oklahoma. Judge Dowdell denied attempts by both the City of Sand Springs, Oklahoma (the defendant) and Fire Marshal Stan Smith (the plaintiff) to end ...

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On-Call Stipend, Regular Rate, & the FLSA

Today’s FLSA Question: I am the union president of a mid-sized fire department. In our most recent contract negotiations, we were able to secure a small “on-call” stipend for several fire department officers that are required to be on-call. Starting July 1, the fire marshal and safety officer will each receive a weekly stipend for the inconvenience of being on-call. ...

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Federal Judge Throws Out Suit Filed by WA State Fire Department Over FLSA Overtime for Battalion Chiefs and Fire Marshals

This past week a district court judge in Washington state dismissed a highly unusual FLSA lawsuit initiated by the Spokane Valley Fire Department (SVFD) back in the summer of 2017. Spokane Valley filed the suit against the union that represents its firefighters, IAFF Local 3701, in an effort to receive a judicial declaration that SVFD battalion chiefs and fire marshals ...

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LA County Fire Under Scrutiny Over Overtime Pay

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 ...

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Kansas Fire Investigators Reach Settlement with City Following FLSA Suit

The City of Wichita, Kansas, will pay six fire department arson investigators and their attorney almost $155,000 to settle unpaid overtime claims. The six investigators argued they should receive overtime similar to city police officers as opposed to firefighters. Here is more on those claims. Wichita Fire Investigators File FLSA Overtime Lawsuit The Settlement According to the Wichita Eagle, Wichita’s ...

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Update on IAFF – FLSA Lawsuit

This past July the Spokane Valley Fire Department (SVFD) filed an unusual lawsuit against the union that represents Spokane Valley firefighters (IAFF Local 3701). SVFD wanted the court to issue a “declaratory judgement” that SVFD battalion chiefs and fire marshals were exempt from receiving FLSA overtime. A declaratory judgement is when a court is asked to issue a formal opinion ...

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WA State Fire Department sues IAFF local over FLSA

The Spokane Valley Fire Department (SVFD) has filed a federal civil suit against the International Association of Firefighters (IAFF) Local 3701 in the Eastern District of Washington state.  SVFD is looking for the court to issue a “declaratory judgement” that battalion chiefs and fire marshals are exempt from FLSA overtime.  This is a highly unusual suit for several reasons, let’s ...

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