Tag Archives: liquidated damages

Today’s FLSA Question: Can the terms of a negotiated agreement between a union and an employer [i.e., collective bargaining agreement, memorandum of understanding, etc.] supersede the FLSA’s overtime requirements? Answer: No, a negotiated agreement between a union and an employer will not supersede the FLSA’s overtime requirements. This is a relatively common misconception when it comes to the impact of ...

The City of Milwaukee, Wisconsin has proposed a settlement of more than $1.5 million with several hundred city firefighters following a 2020 FLSA lawsuit. The settlement, which still requires court approval, allocates up to $1.15 million for back wages and damages, up to $400k for the firefighters’ attorneys, another $25k for court costs, and an additional $5k for the firefighter ...

The Destin Fire Control District has settled an FLSA lawsuit with a total of nine firefighters for almost $40,000. The firefighters had alleged that the district required them to attend specific training sessions while off-duty and did not compensate them for that time. The district countered by claiming the firefighters attendance at the trainings was purely voluntary and provided by ...

Firefighters in the City of Gadsden, Alabama recently filed a federal lawsuit alleging the city’s pay practices violate the FLSA. More recently, the same firefighters are now claiming [in an amended complaint filed on August 11, 2022] that the city has unlawfully retaliated against them in violation of both the FLSA and the U.S. Constitution. This story begins in May ...

A group of three Mobile, Alabama Police Department K-9 handlers have filed a federal lawsuit alleging the City of Mobile is violating the FLSA by not properly compensating them for all of the time spent caring for their four-legged partners. Wage and hour claims related to “off-the-clock” work activities like this are relatively commonplace in today’s workplace. The FLSA requires ...

A federal judge has found in favor of a group of thirty Pemberton Township, New Jersey police officers and sergeants following their 2014 lawsuit over uncompensated pre-and-post shift work activities. The judge’s decision, which came after eight years of litigation and a 4-day bench [non-jury] trial found that Pemberton Township failed to pay the officers for time spent preparing their ...

The City of Kansas City, Missouri has reached a global settlement with 383 current and former city firefighters following their 2019 lawsuit for alleged violations of the FLSA. The firefighters alleged in the lawsuit, which was filed in the United States District Court for the Western District of Missouri on February 8, 2019, that the city failed to include specialty ...

A group of thirteen Tulsa, Oklahoma firefighters have filed an FLSA lawsuit against the City of Tulsa, the mayor, and the city’s chief operating officer. The thirteen filed the lawsuit on behalf of themselves and other similarly situated employees [i.e., other Tulsa firefighters that will likely join the lawsuit over the next few months] in the U.S. District Court for ...

Thankfully, this story does not involve a firefighter, fire department or a public safety organization for that matter. However, the facts involved here are too good not to share. The U.S. Department of Labor (DOL) has filed a lawsuit against the owner of a Georgia auto repair shop for allegedly violating the FLSA after he paid one of his former ...

The U.S. Court of Appeals for the Sixth Circuit has upheld a lower court’s finding that in order to utilize the FLSA’s §207(k) partial overtime exemption, a fire department must establish a qualifying work period. This story began back in January 2020 when former Highland Hills, Ohio firefighter David Vance filed an FLSA lawsuit against his former employer. Vance’s allegations ...