Tag Archives: misclassification

Cobb County, Georgia Facing Another FLSA Lawsuit from a Battalion Chief

Cobb County, Georgia is no stranger to FLSA litigation. The county is yet again facing an FLSA lawsuit related to alleged misclassifying senior fire officers as overtime exempt executive employees. The most recent lawsuit contains very similar allegations as another misclassification lawsuit filed by a group of ten Cobb County battalion Chiefs last April. Cobb County Fire Department Battalion Chief ...

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AMR Facing FLSA Lawsuit over Misclassifying EMTs and Paramedics as Independent Contractors

American Medical Response (AMR), the “nation’s largest provider of ground medical transportation” is facing an FLSA misclassification lawsuit from a former contract paramedic on behalf of himself, and other similarly situated individuals. The lawsuit, which was filed by former AMR medic Nathanial Dagley in the United States District Court for the District of Colorado, contains allegations that AMR misclassified Dagley ...

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Colorado City Facing FLSA Lawsuit from Fire Department EMTs

The City of Grand Junction, Colorado is facing an FLSA lawsuit from three fire department EMTs. The lawsuit, which was filed late last month in the United States District Court for the District of Colorado contains allegations that the city failed to pay the EMTs overtime after working 40 hours every 7-day workweek. The EMTs allege the city misclassified them ...

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FL Fire Protection District Faces Second FLSA Lawsuit in as Many Years

The Upper Captiva Fire Protection and Rescue Service District (district) is facing its second FLSA misclassification lawsuit from a former chief officer since 2021. The district provides fire and EMS services on the tiny island of North Captiva on Florida’s gulf coast. The island of North Captiva is located a few miles northwest of Ft. Meyers Beach and is only ...

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Executive Exemption and Fire Officers

In this Fire Law VLOG, Curt Varone and Bill Maccarone discuss three recent settlements involving high-ranking fire officers and their entitlement to FLSA overtime. What makes a high-level fire officer an overtime exempt executive or administrative employee under the FLSA? The FLSA and Department of Labor (DOL) regulations contain a long list of requirements necessary to classify any employee as ...

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$16.5 Million Settlement Reached in FEMA Unpaid Overtime Claim

According to AFGE Local 4060, the union that represents thousands of Federal Emergency Management Agency [FEMA] workers, a $16.5 million settlement has been reached following a 2018 grievance for unpaid overtime. According to the union’s president Steven Reaves the bulk of the settlement funds will be distributed to effected employees based on various factors and data and will likely take ...

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Louisiana Fire Protection District Faces FLSA Lawsuit

The Livingston Parish Fire Protection District 5, in Denham Springs, Louisiana is facing an FLSA lawsuit filed by a former fire district employee. Former Livingston Parish Captain Brian Jackson filed the lawsuit last week in U.S. District Court for the Middle District of Louisiana. Jackson’s complaint contains two basic allegations. First, the district failed to pay Jackson and other unnamed ...

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Lockheed Martin Corp. Facing FLSA Lawsuit from Firefighters

A group of four in-house firefighters that work for Lockheed Martin Corp.’s aircraft plant in Marietta, Georgia recently filed a lawsuit against the corporation alleging the company fails to pay overtime as required by federal law. The lawsuit, which was filed in the U.S. District Court for the Northern District of Georgia on April 6, contains allegations that the defense ...

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Former Arkansas Sheriff’s Department Dispatcher Files FLSA Lawsuit Alleging Misclassification, Uncompensated Pre-and-Post Shift Activities, and Comp Time Violations

Cayla Jackson, a former dispatcher and jailer for the Prairie County Arkansas Sheriff’s Department has filed a lawsuit against her former employer for multiple violations of both the FLSA and the Arkansas Minimum Wage Act. Jackson further claims that many other county dispatchers and jailers are not receiving overtime or straight time pay as required by both federal and state ...

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VA Beach Settles “White Collar” FLSA Lawsuit with EMS Captains

The City of Virginia Beach, Virginia has agreed to a $200,000 settlement with 8 Emergency Medical Services (EMS) Captains following a November 2020 lawsuit for unpaid overtime. The captains alleged the city misclassified them as overtime exempt “white collar” employees in violation of the FLSA and Virginia state law. The terms of the settlement require the city to pay a ...

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