Tag Archives: first responder regulations

Battalion Chiefs, Straight Time Overtime, and the FLSA

Today’s FLSA Question: I am an overtime exempt battalion chief for a mid-sized municipal fire and medical department. I do not receive any FLSA overtime. Despite being overtime exempt, the city pays me and other exempt chiefs “straight time overtime” for additional shifts worked beyond the normal work schedule. This is paid at our normal hourly rate. It is not ...

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Iowa City Looks to Settle FLSA Lawsuit over Misclassification of Fire Captains and Battalion Chiefs

The City of Muscatine, Iowa is the latest city looking to settle an overtime lawsuit filed by several senior fire officers. In a September 2021 lawsuit, a group of five firefighters alleged the city improperly classified fire captains and battalion chiefs as overtime exempt employees. According to the firefighters, the city changed pay practices and started paying captains overtime in ...

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Virginia Battalion Chiefs File FLSA Lawsuit

A group of ten Alexandria, Virginia battalion chiefs filed an FLSA lawsuit this past week alleging the city improperly classifies them as overtime exempt “white-collar” employees in violation of both federal and state law. According to the complaint, six of the battalion chiefs are assigned to 24-hour shifts and serve as “Operational Battalion Chiefs.” The remaining four plaintiffs work a ...

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Federal Judge Approves Settlement in Virginia Beach FLSA Misclassification Lawsuit

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 ...

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PA Shift Commander’s FLSA Overtime Lawsuit to Continue

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 ...

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Ohio City Settles FLSA Lawsuit with Firefighters

The City of Eaton, Ohio has settled a lawsuit filed by four current and former fire department employees for a total of $185,000. The lawsuit, which was filed in 2019 by four of the department’s five full-time employees, contained two basic allegations. The first allegation was that the city misclassified the four full-time fire department employees as overtime exempt executive ...

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FL Fire Captains Reach Settlement with County Following FLSA Suit

Seventeen Fire Captains from Marion County Fire and Rescue (MCFR), in Marion County, Florida have reached a settlement with the county following a 2019 lawsuit alleging they were misclassified as overtime exempt executives. The settlement, which still must be approved by the court, requires the county to pay a total of $725,000 to the captains and their attorneys. The settlement ...

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FLSA for Fire Departments – Update

The Fire Law Group is pleased to announce a series of advanced live three-hour webinars dedicated to the most important and challenging FLSA wage and hour issues impacting fire departments, firefighters, and other public safety professionals today. The first is scheduled for Wednesday, October 20, 2021 and is entitled: Calculating Regular Rate for Firefighters and other First Responders. This program ...

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The City of Lawrence, KS agrees to pay almost $1 Million in back OT to several dozen police sergeants, fire captains, and other city employees following FLSA review

The City of Lawrence, Kansas has voluntarily agreed to pay $998,600 to 24 police sergeants, 21 fire captains, and 3 other city employees following a recent FLSA review. The review, which was requested by a group of fire captains in 2019, found that the city improperly classified numerous city employees as overtime exempt. As a result of the city’s misclassification ...

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Cobb County Settles FLSA Suit with Fire Captain

Fire Captain David Simister and Cobb County, Georgia have agreed to a $30,000 settlement to end a lawsuit Simister filed in August 2020. Simister’s lawsuit, which was filed in the U.S. District Court for the Northern District of Georgia on August 13, 2020, contained allegations the county failed to pay overtime as required by the FLSA and that the county ...

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