Tag Archives: health benefits

California City Quickly Settles FLSA Dispute with Former Fire Department Employees

The crux of the plaintiff’s complaint involved alleged FLSA regular rate violations. In particular, the city’s failure to include certain wage augments in the plaintiffs’ regular rate. The FLSA requires virtually all the money an employee is paid included in his or her regular rate. Proper calculation of the regular rate is critical since all FLSA overtime must be paid at a rate of at least time-and-one-half of the employee’s regular rate. Very often employers utilize an employee’s base hourly rate to calculate the overtime rate of pay. However, the FLSA requires that all remuneration be included in the regular rate of pay.

Specifically, the plaintiffs made two basic claims:

  • First, the city failed to include money paid directly to employees in lieu of receiving employer sponsored medical benefits in the regular rate.
  • Second, the plaintiffs also wanted holiday pay included in their regular rate.

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Santa Clara Close to Settling with Firefighters Following FLSA Suit

The City of Santa Clara, California is close to settling an FLSA lawsuit filed by five city firefighters back in October of 2018. These five initially alleged the city violated the FLSA by failing to include all remuneration in their regular rate of pay which resulted in firefighters being shorted on both comp time and overtime payments. The firefighters also ...

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San Diego Firefighters File FLSA Lawsuit

Several current and former San Diego firefighters filed a federal lawsuit last week alleging the City of San Diego violated the FLSA. Eric Kelley, Patrick Hesters, and Eric Dunnick filed the suit on behalf of themselves and other similarly situated individuals in the U.S. District Court for the Southern District of California on April 2, 2019. The firefighters’ complaint states ...

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Allegations of FLSA Regular Rate Violations Against CA Fire Department

Cathedral City, California, is the latest city to face allegations of unpaid overtime from one of its firefighters. Corey Goddard, an engineer/paramedic for the Cathedral City Fire Department, filed a federal lawsuit this week alleging his employer [Cathedral City] failed to include all remuneration in his and other firefighters’ regular rate of pay in violation of the FLSA. In the ...

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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. ...

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Health and Wellness Programs and the FLSA

Today’s FLSA Question: I am my city’s HR manager. Our city provides health and wellness activities for city employees. As part of this program, employees can voluntarily participate in biometric testing programs. These include blood pressure, cholesterol, and other important health screenings. Employees who participate receive discounts off their portion of health insurance premiums. We schedule many activities during the ...

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California City and Firefighters Reach Global Settlement following a 2016 FLSA Lawsuit

The City of San Luis Obispo has reportedly reached a settlement with city firefighters following a 2016 federal lawsuit regarding overtime pay. The firefighters alleged the city failed to include money paid in-lieu of receiving employer sponsored medical benefits in the firefighter’s regular rate of pay. Properly determining a firefighter’s regular rate is critical, since all FLSA overtime must be ...

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