Tag Archives: FLSA for Fire Departments

Executive Exemption and Fire Officers

In this Fire Law VLOG, Curt Varone and Bill Maccarone discuss three recent settlements involving high-ranking fire officers and their entitlement to FLSA overtime. What makes a high-level fire officer an overtime exempt executive or administrative employee under the FLSA? The FLSA and Department of Labor (DOL) regulations contain a long list of requirements necessary to classify any employee as ...

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Another Day, Another FLSA Settlement for CA Battalion Chiefs

The City of Encinitas, California is one step closer to resolving an FLSA overtime lawsuit filed by four current and former fire department battalion chiefs. Lawyers representing the city and the battalion chiefs filed a joint motion in federal court last week to approve a settlement reached following an April 2022 lawsuit. The settlement requires the city pay the battalion ...

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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 ...

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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 ...

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$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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FL Fire District Settles FLSA Lawsuit with Firefighters

The Destin Fire Control District has settled an FLSA lawsuit with a total of nine firefighters for almost $40,000. The firefighters had alleged that the district required them to attend specific training sessions while off-duty and did not compensate them for that time. The district countered by claiming the firefighters attendance at the trainings was purely voluntary and provided by ...

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Jury Finds Louisville Police SWAT Members Not Entitled to On-Call Pay

A jury has found members of the Louisville Metro Police Department’s SWAT team are not entitled to back-pay and overtime pay for hours spent on-call. In 2016, a total of 46 current and formers SWAT members filed this lawsuit alleging the department’s on-call policies for SWAT team members was unreasonably restrictive and as such should be compensated. According to the ...

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Paramedic and Length of Service Bonuses and the FLSA

Today’s FLSA Question: I am a full-time firefighter for a small city fire department. Our state does not recognize collective bargaining for public employees and we are not represented by a union.  Firefighter pay in our city lags behind most of our neighboring departments. As a result, recruitment and retention is a huge issue. The city recently looked to address ...

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