Tag Archives: FLSA

$3.5 Million Reasons why Fee-Laden Debit Cards are NOT the Best Idea for Payroll

Warning!! Not Firefighter Related . . . But interesting story from Pennsylvania today . . . Ever think about paying your workers with “fee-laden debit cards?” Just as an FYI, it is probably not the best idea. A Pennsylvania judge recently approved a class action settlement between almost 2,400 former and current McDonald’s employees that were paid with “fee-laden debit ...

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Reduction in Firefighters Equals Increase in OT for Richmond VA Fire

The Richmond Virginia Fire Department is short twenty-four firefighters. This shortage has created a drastic increase in the department’s overtime budget. According to Fire Chief Melvin Carter between $85,000 and $135,000 is spent on overtime every two weeks. Even Keith Andes, President of the Richmond Firefighters Association, agrees that spending that much on overtime is “unsustainable.” The department has already ...

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Update on IAFF – FLSA Lawsuit

This past July the Spokane Valley Fire Department (SVFD) filed an unusual lawsuit against the union that represents Spokane Valley firefighters (IAFF Local 3701). SVFD wanted the court to issue a “declaratory judgement” that SVFD battalion chiefs and fire marshals were exempt from receiving FLSA overtime. A declaratory judgement is when a court is asked to issue a formal opinion ...

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Court of Appeals Upholds Paid Breaks for Workers

On October 13th, the 3rd Circuit Federal Court of Appeals upheld a lower federal court decision that required an employer pay employees for short breaks. The FLSA has long mandated breaks less than 20 minutes be paid, however this employer made a rather unique argument that may just be worth a closer look. Progressive Business Publications (Progressive) employed hourly telephone ...

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PulsePoint CPR Notification System and the FLSA

Today’s FLSA Question I am a fire chief. My EMS chief wants us to consider a CPR notification system known as PulsePoint. It notifies trained citizens (and off-duty firefighters) when there is a CPR incident nearby so that immediate aid can be rendered. It’s a wonderful system, and as this video shows, one of the best uses for it could involve ...

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Texas Court Strikes Down Obama-Era EAP Changes . . . Again

The wait is finally over. On August 31, a federal judge in Texas issued an opinion formally striking down proposed Department of Labor (DOL) changes for Executive, Administrative, and Professional (EAP) employee exemptions under the Fair Labor Standards Act (FLSA). The latest decision comes several months following this judge’s earlier ruling that postponed the long-awaited implementation of new federal regulations. ...

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Retroactive Pay Increases, Bonuses and the FLSA

Today’s Question: The city and firefighters just concluded a long and drawn out battle over a new contract.  The old contract expired six months ago.  The new contract contains two provisions that are raising questions in the stations.  The first is a 2% retroactive pay increase (retroactive to July 1) and the second is a “bonus” that is payable to ...

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Schedule Adjustments, Firefighters and the FLSA

My fire department recently initiated a new policy.  The policy allows the department to adjust a firefighter’s schedule towards the end of the work period to avoid paying FLSA overtime.  We work a 24/48 schedule.  My scheduled work days are being cut from my schedule because I may have worked extra shifts earlier in the work period.  Does the FLSA ...

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Call Back Minimum, Hours Worked and the FLSA

Question of the Day Our employment contract states “any employee that is called back to duty shall be compensated for a minimum of four (4) hours”.  There are times when firefighters are called back to work for only an hour or two.  The firefighter still receives four hours of pay even if they work less than four hours.  When counting ...

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No OT for some Chicago PD Officers

On August 3, 2017, the 7th Circuit Court of Appeals affirmed a district court ruling that denied over 50 Chicago police officers overtime pay for “off-the-clock” work.  These plaintiffs were current and former members of the Chicago Police Department’s Bureau of Organized Crime.  The officers filed suit several years ago seeking compensation for time spent conducting police work on department ...

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