A Berkeley County West Virginia Circuit Court judge issued a summary judgement ruling in favor of approximately three dozen current and former Martinsburg, West Virginia firefighters following a 2018 lawsuit over holiday pay. A summary judgement ruling is a judicial decision based on undisputed facts without the need for a full-blown trial. Here, Judge Laura Faircloth found the city liable ...Read More »
Tag Archives: holiday pay
DOL Rings in the New Year with Updated FLSA Regs Likely to Impact Many Fire Departments – Part III – The Regular Rate
This is the third of a three-part series related to recent updates to Department of Labor (DOL) regulations pertaining to the FLSA. Click here for Part I and here for Part II. The updated regulations will undoubtedly affect many workers in different ways. However, for the purpose of this series, we will look at several key components of the update ...Read More »
The City of Charleston, West Virginia has reached a $1.7 million settlement with more than 160 current and former firefighters over the way the city pays them for holidays. This settlement follows claims made by firefighters last year that the city’s holiday pay plan violated West Virginia law. This settlement is unique in two ways: First, the Charleston firefighter’s claims ...Read More »
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.
Fifty-eight Morgantown, West Virginia firefighters have filed a lawsuit alleging the City of Morgantown failed to pay overtime as required under West Virginia state law. The crux of the firefighter’s argument stems from a very unique West Virginia statute that requires time-and-one-half pay for firefighters required to work holidays. Here is a portion of that statute: §8-15-10a. Firemen who are ...Read More »
The Department of Labor (DOL) made an announcement today, March 28, 2019 that it has begun the formal review process necessary to make changes to various regulations pertaining to the regular rate of pay under the Fair Labor Standards Act (FLSA). The notice and comment period for these changes will run from today until May 28, 2019. At that time ...Read More »
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 ...Read More »
The Sacramento Metro Fire District (district) has reached a settlement with a group of more than 500 current and former fire department employees following alleged FLSA violations. The settlement, which was approved by the U.S. District Court for the Eastern District of California requires the district to pay a total of $1,376,827.22 to 534 current and former firefighters, EMTs, engineers, ...Read More »
The City of La Verne, California has reached a settlement with a group of twenty-seven current and former city firefighters following allegations of unpaid overtime. The settlement follows a February 2018 FLSA lawsuit filed by the firefighters in the U.S. District Court for the Central District of California. The firefighters made two basic claims in the suit. First, the city ...Read More »
Late last week, firefighters in two west coast cities filed separate FLSA lawsuits alleging they were shorted overtime pay by their employers. The first lawsuit was filed in the U.S. District Court for the District of Arizona, by four Flagstaff firefighters, on September 20, 2018. The complaint makes two basic claims: The City of Flagstaff failed to include non-discretionary “premium ...Read More »