Tag Archives: FLSA

In FLSA Litigation. . .Time is not always on your side

Today’s FLSA Question: Several firefighters and I discovered our fire department was violating the FLSA. We brought the errors to the chief’s attention, and he quickly made corrections. The payroll problems pre-dated his tenure as chief and it was an honest mistake, however most firefighters are owed several years back wages. The chief assured us that he would discuss this ...

Read More »

Sleep Time, Firefighters, and the FLSA

Today’s FLSA Question: I am the fire chief of a small paid fire department with a mixture of full-time and part-time firefighters. Our full-time firefighters work a 24/48 schedule for an average of 56 hours per week. The Town Council hired a new town manager last year. He is highly critical of our overtime budget. He has proven relentless in ...

Read More »

Mississippi City Faces FLSA Lawsuit from Former 911 Dispatcher

Cody Inman, a former 911 dispatcher for the City of Water Valley, Mississippi, has filed a federal lawsuit seeking back overtime and straight time wages in the U.S. District Court for the Northern District of Mississippi. The suit, which was filed November 8, 2018, alleges the city misclassified Inman as an “employee engaged in fire protection activities” (§207(k) firefighter) in ...

Read More »

Irish Ambulance Workers Refuse to Work Overtime Over Labor Dispute

In an interesting story from across the Atlantic, approximately 500 paramedics and emergency medical technicians (EMTs) have “withdrawn” from working overtime following a labor dispute with Ireland’s Health Service Executive (HSE). The HSE is a governmental agency charged with providing health and social services to all of Ireland. According to the Irish Examiner, the dispute between the HSE and members ...

Read More »

Firefighters, Workers’ Compensation, and the FLSA

Today’s FLSA Question: Does the FLSA mandate overtime pay for a firefighter that is not working, but collecting workers’ compensation benefits due to an on-the-job injury? Answer: No. The FLSA does not mandate overtime pay for hours a firefighter is not working due to an on-the-job injury. The FLSA only requires overtime pay for hours actually worked. However, your question ...

Read More »

Contract Overtime vs. FLSA Overtime

Today’s FLSA Question – I am a firefighter. We have a collective bargaining agreement (CBA) that requires overtime (OT) pay for all hours worked outside of a firefighter’s scheduled shifts, regardless of hours actually worked in the work period. This contract OT rate does not include various monetary incentives (longevity, medic pay, and HAZMAT pay). However, we also receive FLSA ...

Read More »

Santa Clara Is The Latest CA City To Face A Lawsuit By Firefighters Over Overtime Pay

Five California firefighters filed a lawsuit last week alleging their employer, the City of Santa Clara, violated the Fair Labor Standards Act (FLSA). Christopher Gaffney, Andre Jerome Soto, John C. O’Leary, Guido Quartaroli, and Jeff Provancher filed the collective action (lawsuit) on behalf of themselves and other similarly situated individuals against the city in federal court on October 24, 2018. ...

Read More »

Illinois City Unveils Alternative Fire Schedule – Enhanced Services for Less Money

On Monday October 23, 2018, the City of Naperville, Illinois, implemented a new “power shifting” schedule for some city firefighters. This schedule assigns four full-time firefighters to a 40-hour, Monday thru Friday schedule, as opposed to the traditional 24-hour firefighter schedule. This new innovative data-driven schedule is designed to “enhance services and increase efficiencies while holding the line on [overtime] ...

Read More »

LA County Fire Under Scrutiny Over Overtime Pay

The Los Angeles County Fire Department is facing scrutiny over departmental overtime and payroll costs. According to the Los Angeles Times (Times), overtime costs for the more than 4,800-member department has increased 36 percent in the past 5 years. The department spent over $200 million on overtime in 2017. In response to these increases, the county recently launched an internal ...

Read More »

Fire Chiefs, Comp Time, and the FLSA

Question: I recently accepted a position as a fire chief for a small department. I just retired as a battalion chief from a larger neighboring department. My new department considers my position as overtime exempt. I know I will be working well over 40 hours per week. During the interview process I was assured I could accrue comp time, since ...

Read More »