Today’s FLSA Question: I work for a municipal fire department. Everybody that works for the city [including the fire department] is paid on a weekly basis. However, firefighters do not receive overtime pay on a weekly basis. The firefighters overtime pay is included in every fourth paycheck. Why do firefighters have to wait? By the way, other city employees don’t ...
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Retroactive FLSA Pay Heading to Thousands of Federal Wildland Firefighters
The U.S. Forest Service has announced that it is almost completed the monumental task of calculating retroactive FLSA payments to thousands of federal wildland firefighters following pay increases authorized earlier this summer. The pay increases, which drew much national attention earlier this year, mandate federal wildland firefighters earn at least $15 per hour. In total, the federal government allocated $600 ...
Read More »Fire Department Staffing Shortages Not Limited to the United States
An interesting story from “across the pond” sheds light on what may at times seem like a local issue for many fire service leaders across the United States. According to Newstalk, an online news service based out of Dublin, Ireland, the Dublin Fire Brigade is suffering from severe understaffing and an unreasonable reliance on firefighter overtime. The Dublin Fire Brigade ...
Read More »TN County Sheriffs File FLSA Lawsuit for Regular Rate Violations and Unpaid Overtime Following Change in Work and Pay Periods
Humphreys County, Tennessee is the latest public employer to face an FLSA lawsuit filed by its employees. A group of six current and former workers from the county’s sheriff’s office filed the lawsuit on behalf of themselves and other similarly situated individuals in the U.S. District Court for the Middle District of Tennessee on October 31, 2022. The plaintiffs, four ...
Read More »Lump Sum Pay Raises, Regular Rate, and the FLSA
Today’s FLSA Question: I am a firefighter in a small full-time unionized fire department. Our most recent three-year collective bargaining agreement provided us with “discretionary” lump-sum annual bonuses in lieu of traditional percentage-based wage increases. In the first year of the contract, we received a $2,000 lump sum payment. In the second and third year of the contract we will ...
Read More »Allegations of FLSA Misclassification and Retaliation from Indiana Battalion Chiefs
Three “former” Battalion Chiefs from the Portage, Indiana Fire Department filed a lawsuit in federal court last week claiming the city of Portage failed to provide them overtime pay as required by both the FLSA and Indiana state law. Additionally, the chiefs’ complaint alleges that the city has unlawfully retaliated against them in violation of the FLSA. Specifically, the chiefs ...
Read More »FLSA Case Update – Sept. 2022
In this VLOG, Curt Varone and I discuss two recent FLSA cases involving the FLSA, regular rate, and collective bargaining.
Read More »Arlington TX Deputy Chiefs Seek Overtime
Two deputy fire chiefs with the Arlington, Texas Fire Department have filed a lawsuit alleging the City of Arlington fails to pay them overtime as required by Texas law. The complaint, which was filed in Tarrant County, Texas, on the behalf of Deputy Fire Chiefs Troy Brooks and Scott Hofstrom, contains several basic allegations. Quoting from the complaint: During all ...
Read More »Comp-Time Payments, Base Hourly Rate, and the FLSA
Today’s FLSA Question: I am a full-time firefighter in a small combination fire department. My department has a long history of providing FLSA comp time instead of paying FLSA overtime. However, the department uses the firefighter’s base hourly rate when using accrued comp time. This base rate does not include any wage incentives or stipends. Additionally, the fire department allows ...
Read More »$1.575 Million Settlement in Milwaukee Fire Department FLSA Suit
The City of Milwaukee, Wisconsin has proposed a settlement of more than $1.5 million with several hundred city firefighters following a 2020 FLSA lawsuit. The settlement, which still requires court approval, allocates up to $1.15 million for back wages and damages, up to $400k for the firefighters’ attorneys, another $25k for court costs, and an additional $5k for the firefighter ...
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