Tag Archives: holiday pay

More Litigation in Morgantown

Lawyers representing almost one-hundred Morgantown, West Virginia firefighters and police officers filed four separate lawsuits against the city this past week. In addition to the lawsuits, the unions that represent the city’s police officers and firefighters also announced “no-confidence” votes in the city council, city manager, and human resources director. The firefighters and police officers claim that recent reductions in ...

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$415K Settlement in WV Holiday Pay Lawsuit

The City of Huntington, West Virginia has agreed to a $415,000 settlement with a group of current and former city firefighters following their 2020 lawsuit over holiday pay. The firefighters’ allegations center around a unique portion of the West Virginia Wage Payment and Collection Act that requires paid firefighters either receive time and one-half pay for all hours worked on ...

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Holiday Pay Battle Between WV City and Firefighters Continues

The long running legal battle between the City of Morgantown, West Virginia and its firefighters over holiday pay does not appear to be coming to an end anytime soon. This past week city firefighters filed an amended complaint in state court claiming the city owes firefighters almost $6.5 million after years of improperly calculating their holiday pay. The firefighters had ...

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West Virginia Supreme Court Denies City’s Latest Effort to Reverse Lower Court’s Decision in Firefighter Holiday Pay Dispute

In the latest bit of legal wrangling between the City of Martinsburg and its professional firefighters, the West Virginia Supreme Court of Appeals has denied the city’s appeal seeking to reverse an earlier ruling by a lower court, in favor of the firefighters. As a result, the 2018 lawsuit which centers around a highly unique West Virginia statute related to ...

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CA Fire District Settles FLSA Regular Rate Lawsuit with Firefighters

The Borrego Springs Fire Protection District (District) has reached a settlement with twenty-five firefighters following an FLSA lawsuit filed in May 2020. The firefighters claimed the District failed to include money paid directly to firefighters in lieu of employer sponsored medical benefits, paramedic certification, and holiday in lieu pay in their regular rate of pay. The terms of the settlement ...

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Firefighters, Mandatory Overtime, and the FLSA

Today’s FLSA Question: I have a question about mandatory overtime and the FLSA. If a firefighter is ordered to work an extra shift, doesn’t the FLSA require time and one-half pay for that shift? This is my situation. I am a full-time paid firefighter/paramedic. We work a 24/48 schedule with an assigned Kelly Day every three weeks. This combination results ...

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West Virginia Holiday Pay Dispute Wages On

Firefighters in Morgantown, West Virginia have demanded a public hearing with the city’s civil service commission following allegations of retaliation for refusing to settle a 2019 lawsuit over holiday pay. In June 2019, fifty-eight Morgantown firefighters filed the lawsuit alleging the City of Morgantown violated a West Virginia law that requires either paid time off, or time-and-one-half pay for all ...

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California City Settles FLSA Suit Filed by Firefighters

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’ ...

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