In this VLOG, Curt Varone and I discuss several recent changes to DOL policy and opinions following President Biden’s inauguration. These changes are likely the first of many that we will be seeing in the near future. For more on the FLSA and how it applies to firefighters and other first responders, please consider joining us at one of the ...Read More »
Tag Archives: holiday pay
Cathedral City, California, has settled a lawsuit filed by 47 current and former firefighters that alleged the city failed to pay them overtime as required by the FLSA. The lawsuit, which was filed on March 19, 2019, in the U.S. District Court for the Central District of California, contained allegations the city failed to include all remuneration in the firefighters’ ...Read More »
Lawyers representing the City of Martinsburg, West Virginia recently announced that the city will appeal a state court decision over holiday compensation for the city’s firefighters. In a February 2020 decision, Judge Laura Faircloth found as a matter of law [i.e. absent a trial], that the city’s holiday pay plan for its firefighters violated the West Virginia Wage Payment and ...Read More »
The U.S. Department of Labor (DOL) has announced a significant modification to an existing overtime rule for employees that work fluctuating hours from week to week. As a result, many first responders, including firefighters may find less money in their paychecks in the coming months. The new rule, set to take effect in July, alters the current stringent requirements necessary ...Read More »
A Federal Magistrate Judge has recommended the approval of a $350,000 settlement between the City of Merced and several dozen firefighters following a 2018 FLSA lawsuit. The firefighters alleged the city’s failure to include holiday “in-lieu” pay in their regular rate of pay violated the FLSA. The city continues to assert that it did not violate the FLSA, however in ...Read More »
Judge Sides with WV Firefighters In First Round of Holiday Pay Dispute; Extent of Damages and Fate of Retaliation Claims Remain
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 »
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 »