Tag Archives: first responders

Volunteer Firefighter Incentive Plan, Same Type of Services, and the FLSA

Today’s FLSA Question: I am a volunteer fire chief for a fully volunteer fire department. Like many volunteer fire departments, we struggle getting trucks on the road during weekday hours. However, we have several volunteer firefighters that are employed by the town in other departments in addition to serving as volunteer firefighters. Recently, a town official proposed allowing these town ...

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Four Florida Firefighters File FLSA Suit for Unpaid Training Time

A group of four former Destin, Florida firefighters filed an FLSA lawsuit earlier this week alleging that their former employer, The Destin Fire Control District [District] failed to pay them for hours spent attending work-related training. Former Destin firefighters David Garner, Brian Ostos, Alejandro Osorio, and Joseph Quinn filed the lawsuit in the U.S. District Court for the Northern District ...

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VA Beach Settles “White Collar” FLSA Lawsuit with EMS Captains

The City of Virginia Beach, Virginia has agreed to a $200,000 settlement with 8 Emergency Medical Services (EMS) Captains following a November 2020 lawsuit for unpaid overtime. The captains alleged the city misclassified them as overtime exempt “white collar” employees in violation of the FLSA and Virginia state law. The terms of the settlement require the city to pay a ...

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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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Sixth Circuit Court of Appeals Upholds Lower Court Ruling on Overtime, Establishment of a Qualifying Work Period, and the FLSA’s §207(k) Exemption

The U.S. Court of Appeals for the Sixth Circuit has upheld a lower court’s finding that in order to utilize the FLSA’s §207(k) partial overtime exemption, a fire department must establish a qualifying work period. This story began back in January 2020 when former Highland Hills, Ohio firefighter David Vance filed an FLSA lawsuit against his former employer. Vance’s allegations ...

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Court Finds for KC Firefighters in FLSA Regular Rate Lawsuit

A United States Magistrate Judge has ruled in the favor of more than 450 Kansas City, Missouri firefighters following their FLSA lawsuit against the city. In a 2019 lawsuit, Kansas City firefighters claimed the city failed to include a wide range of wage augments in their overtime rate of pay. The FLSA requires “all remuneration for employment paid to, or ...

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National Fire Academy Training and the FLSA

Today’s FLSA Question: I am the fire chief of a full-time paid municipal fire department. Several of our firefighters and officers have been voluntarily attending on-campus classes in several different programs offered through the National Fire Academy (NFA). As a policy, the department provides these members with paid time off (without using vacation time or requiring shift trades) for all ...

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SC Firefighters Desperate for Community Support

Firefighters from Georgetown County, South Carolina are again attempting to raise public awareness regarding the ongoing critical firefighter and paramedic staffing shortage within the county. The Georgetown Professional Firefighters Association, Local 4526, has posted a three-page letter on its Facebook page that provides examples of how the “critical staffing shortage” is impacting the firefighters ability to serve the community. According ...

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Florida County and Union Agree to Increase New Firefighter Pay by 20 Percent

Officials from Escambia County, Florida, and the county’s firefighter’s union have agreed to a new three-year collective bargaining agreement that includes a department-wide wage adjustment for all county firefighters. The new contract requires firefighters receive pay raises ranging from two to twenty percent. According to the president of the Escambia Professional Firefighters Association, Lt. Nick Gradia, Escambia’s pay scales had ...

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Another FLSA Lawsuit filed by FDNY EMS Workers

The City of New York is once again facing an FLSA lawsuit filed by FDNY Emergency Medical Services (EMS) workers. In a 15-page complaint filed in the U.S. District Court for the Southern District of New York on September 16, 2021, three named plaintiffs claim the City of New York is systematically underpaying its EMS workers. Specifically, the complaint alleges ...

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