Tag Archives: hours worked

Overtime for Scheduled Hours and the FLSA

Today’s FLSA Question: I am a paid municipal firefighter for a small fire department. When our firefighters utilize vacation, sick, or personal leave, the city deducts this time from the firefighter’s hours worked for FLSA overtime purposes. However, a neighboring community’s fire department counts all scheduled hours for overtime purposes. Basically, the firefighters in that town receive overtime every payday ...

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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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Unpaid Commute vs. Paid Travel Time

Today’s FLSA Question: I am the fire chief of a full-time paid fire department with seven stations. Firefighters bid by seniority to a preferred station. We utilize an out-of-rank system to fill most vacancies within the officer ranks. This out-of-rank system requires senior firefighters to move up and cover vacant officer positions. This can result in firefighters being required to ...

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Non-Firefighter Medics, Shift Substitutions, and the FLSA

Today’s FLSA Question: I am a non-firefighting paramedic and a union representative in an urban city. The city allows firefighters to freely substitute with each other for their assigned shifts. We would like to receive the same opportunities as firefighters regarding substitutions. Unfortunately, the city’s HR director believes the FLSA limits shift substitutions to firefighters and police officers. As a ...

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Planes, Trains, Automobiles, and the FLSA. . .

Today’s FLSA Question: I am the assistant chief for a mid-sized full-time paid fire department. The department is sending two fire officers out-of-state to inspect a new piece of fire apparatus we are purchasing. The apparatus factory is about two hours away by airplane or 6 hours by car. One of the officers wants to leave a day early and ...

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Allegations of Improper Sleep Time Deductions by National Air Ambulance Company

Three flight paramedics and one flight nurse have filed an FLSA lawsuit in the U.S. District Court for the District of Arizona, against their employer, Air Methods Corporation. The suit alleges Air Methods improperly deducts sleep time from employees hours worked in an effort to evade FLSA overtime requirements. While this suit only includes four plaintiffs at this time, attorneys ...

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IN Firefighters File Lawsuit Seeking Overtime Pay

A group of fifteen firefighters and their local union, are suing the Town of Chesterton, Indiana, over unpaid overtime that dates back almost 10 years. The suit, which was filed on February 16, in the U.S. District Court for the Northern District of Indiana alleges the town has “willingly, deliberately and intentionally refused to pay Chesterton Firefighters for time and ...

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Virginia EMT Files FLSA Suit Against County

A Virginia emergency medical technician (EMT) has filed a federal lawsuit alleging his employer, Craig County, Virginia failed to pay he and other EMTs properly, in violation of the FLSA. Timothy Mason Kimble, an EMT for the county since 2016, makes two basic allegations on behalf of himself and other “similarly situated” individuals [other EMTs that have yet to join ...

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NY EMT Sues Village For Overtime Pay

A New York EMT is suing his employer for violations of both the Fair Labor Standards Act (FLSA) and New York wage and hour laws. Ronald Tappen, an EMT for the Lindenhurst Fire Department filed the lawsuit in the U.S. District Court for the Eastern District of New York on January 22. Tappen alleges the town failed to pay him ...

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Denying Unauthorized Overtime Can Prove Costly

Today’s FLSA Question: I am a fire chief. I recently had a lieutenant work past the end of his shift and submit an overtime request without authorization. I denied his request for overtime and reminded him that all non-emergency overtime must be pre-approved in advance. Now, the union has filed a grievance and the lieutenant is saying he may institute ...

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