Tag Archives: firefighters

California Voters Clear Path Around Costly Wage and Hour Laws for Some EMS Workers

California voters overwhelmingly approved a voter initiative entitled Proposition 11 – Emergency Ambulance Employee Safety and Preparedness Act” (Act) during last week’s mid-term election. In part, this new state law will require ambulance companies provide advanced training and improved access to mental health assistance for private sector ambulance workers. In addition, Proposition 11 also mandates paid rest periods for ambulance ...

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Sleep Time, Firefighters, and the FLSA

Today’s FLSA Question: I am the fire chief of a small paid fire department with a mixture of full-time and part-time firefighters. Our full-time firefighters work a 24/48 schedule for an average of 56 hours per week. The Town Council hired a new town manager last year. He is highly critical of our overtime budget. He has proven relentless in ...

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Irish Ambulance Workers Refuse to Work Overtime Over Labor Dispute

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interesting story from across the Atlantic, approximately 500 paramedics and emergency medical technicians (EMTs) have “withdrawn” from working overtime following a labor dispute with Ireland’s Health Service Executive (HSE).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 ...

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Firefighters, Workers’ Compensation, and the FLSA

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 ...

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Colorado Fire Department Struggles to Provide Enhanced EMS Services to Community Within Existing Overtime Budget

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, ...

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Contract Overtime vs. FLSA Overtime

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 ...

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Firefighter Recruits, Homework, and the 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 ...

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Santa Clara Is The Latest CA City To Face A Lawsuit By Firefighters Over Overtime Pay

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. ...

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Illinois City Unveils Alternative Fire Schedule – Enhanced Services for Less Money

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] ...

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Fire Chiefs, Comp Time, and the FLSA

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 ...

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