Tag Archives: holiday pay

WV Firefighter Holiday Pay Dispute Heading to State Supreme Court

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 ...

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New DOL Rule Makes It Easier to Lower First Responder Pay

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 ...

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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 ...

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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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West Virginia Firefighters Allege City Failed to Pay Overtime Correctly

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 ...

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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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