Tag Archives: misclassification

On September 12, 2018, six Battalion Chiefs (BCs) from the Greater Naples Fire Rescue District (district) filed a lawsuit in federal court seeking overtime pay. According to the complaint, the district classifies the BCs as white collar overtime-exempt employees. The BCs estimate that each is owed approximately $60,000 in unpaid overtime wages for the past 3 years. Additionally, the complaint ...

FLSA Question: I am a battalion chief in a mid-sized municipal fire department. I command a platoon of firefighters and work 24-hour shifts. I work an average of 56 hours per week. I do not receive any overtime. The city considers myself and other BCs overtime-exempt executives. . . . I recently read that “first responders” are entitled to overtime ...

Six Merced, California, Police Department employees have filed a lawsuit against the city, claiming it failed to calculate overtime pay correctly. The suit was filed on August 17, 2018 by three sergeants, two patrol officers, and one dispatcher in the U.S. District Court for the Eastern District of California. Specifically, these sergeants, officers, and dispatcher claim the city failed to ...

The City of Wichita, Kansas, will pay six fire department arson investigators and their attorney almost $155,000 to settle unpaid overtime claims. The six investigators argued they should receive overtime similar to city police officers as opposed to firefighters. Here is more on those claims. Wichita Fire Investigators File FLSA Overtime Lawsuit The Settlement According to the Wichita Eagle, Wichita’s ...

Four Louisiana paramedics claim their employer, the Parish of Plaquemines, Louisiana, failed to pay them any time and one-half over the past three years, despite working 7-day, 168-hour work shifts. The complaint, which was filed last week in U.S. District Court for the Eastern District of Louisiana contains some very unique and interesting facts. We have allegations of unpaid overtime, ...

Seven Battalion Chiefs from the Chesapeake Fire Department, in Chesapeake, Virginia, have filed a federal lawsuit looking for overtime pay. The Battalion Chiefs claim the city violated both the Fair Labor Standards Act and Virginia Gap Pay Act. The complaint, which was filed on July 24, 2018, in the United States District Court for the Eastern District of Virginia, alleges ...

The City of San Luis Obispo has reportedly reached a settlement with city firefighters following a 2016 federal lawsuit regarding overtime pay. The firefighters alleged the city failed to include money paid in-lieu of receiving employer sponsored medical benefits in the firefighter’s regular rate of pay. Properly determining a firefighter’s regular rate is critical, since all FLSA overtime must be ...

A former paramedic for the Dallas/Fort Worth International Airport (DFW) has filed an FLSA lawsuit against his former employer, seeking unpaid overtime and other money damages for the past three years. Douglas Patterson filed the suit in U.S. District Court for the Northern District of Texas. Patterson alleges that he and other paramedics did not receive all remuneration in their ...

In an unusual decision from the U.S. District Court for the Middle District of Georgia, a former fire investigator for the Columbus Consolidated Government Fire and EMS Department (CCG Fire & EMS) was denied overtime pay under a very limited and unique provision of the FLSA. It is too soon to know if the former investigator will appeal. However, there ...

Former Paxton, IL, Chief of Police Robert Bane filed a lawsuit in federal court last week seeking money damages for unpaid overtime wages, additional unspecified money damages for retaliation under the FLSA, and a court order requiring that the city reinstate the chief to his former position. The lawsuit follows Chief Bane’s termination by the city in August 2017. Chief ...