The Rancho Santa Fe Fire Protection District has settled a lawsuit filed earlier this year by two former fire department battalion chiefs. The settlement, which was approved by U.S. District Court Judge, Janis L. Sammartino on January 9, 2023, requires the district to pay a total of $99,000 to settle the former battalion chiefs’ overtime lawsuit. The two battalion chiefs ...
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Selma AL Reaches “Confidential” Settlement Following FLSA Misclassification Lawsuit
The City of Selma, Alabama has reached an undisclosed “confidential” settlement with three fire department assistant fire marshals/fire investigators following their 2021 lawsuit for unpaid overtime, breach of contract, and FLSA retaliation. The plaintiffs’ complaint set forth three basic allegations. First, the plaintiffs claim the city misclassified them as overtime exempt employees in violation of the FLSA. Second, the city ...
Read More »Georgia County Facing FLSA Lawsuit from Former Battalion Chief
Former Lumpkin County Fire Department Battalion Chief Sharon Booth has filed suit against her former employer alleging that the county misclassified her as an overtime exempt employee in violation of the FLSA. The lawsuit, which was filed on November 30, 2022, in the U.S. District Court for the Northern District of Georgia contains rather straightforward claims of unpaid overtime for ...
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 »Reimbursement for Lost and Damaged Department Issued Electronic Devices and the FLSA
Today’s FLSA Question: I am a fire chief for a small full-time fire and EMS department. The folks at town hall just announced a new town-wide policy that requires all senior-level administrative staff [including myself and my assistant chief] be financially responsible for any costs associated with the loss, theft, or damage of any department issued electronic device. This includes ...
Read More »Retired Georgia Battalion Chief Files Lawsuit for Unpaid Overtime and Breach of Contract
A recently retired battalion chief from the Roswell, Georgia Fire Department has filed a federal lawsuit against the City of Roswell alleging the city’s pay practices violate both the FLSA and state laws. Retired Battalion Chief Edwin Vickery filed the lawsuit on July 28, 2022, in the U.S. District Court for the Northern District of Georgia. Here is a breakdown ...
Read More »DOL Expected to Change Salary Requirement for Overtime Exempt Employees
In today’s Fire Law VLOG, Curt and Bill discuss the fire service implications related to an expected increase in the minimum salary requirements for overtime exempt white-collar [EAP] employees. Do you have questions about the FLSA and how it applies to firefighters and other first responders? Please consider attending the next FLSA for Fire Departments Live Webinar scheduled for June ...
Read More »Overtime Exempt Battalion Chiefs, Flat Rate for Additional Hours Worked, and the FLSA
Today’s FLSA Question: I am an overtime exempt battalion chief for a full-time fire department. I do not receive any overtime pay for my scheduled work shifts or for required meetings or trainings. I receive extra pay for working additional hours on other shifts. For example, if one of the other two battalion chiefs is on vacation or takes a ...
Read More »Louisiana Fire Protection District Faces FLSA Lawsuit
The Livingston Parish Fire Protection District 5, in Denham Springs, Louisiana is facing an FLSA lawsuit filed by a former fire district employee. Former Livingston Parish Captain Brian Jackson filed the lawsuit last week in U.S. District Court for the Middle District of Louisiana. Jackson’s complaint contains two basic allegations. First, the district failed to pay Jackson and other unnamed ...
Read More »California City Faces FLSA Overtime Lawsuit from Battalion Chief
The City of Encinitas, California is the latest city to face an FLSA overtime lawsuit from a fire department battalion chief. The lawsuit, which was filed in the U.S. District Court for the Southern District of California on April 8, alleges the city misclassifies battalion chiefs as overtime exempt employees in violation of the FLSA. As of now, the lawsuit ...
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