The U.S. Department of Labor (DOL) has announced a significant modification to an existing overtime rule for employees that work fluctuating hours from week to week. As a result, many first responders, including firefighters may find less money in their paychecks in the coming months. The new rule, set to take effect in July, alters the current stringent requirements necessary ...
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COVID-19 Hazardous Duty Pay and the Regular Rate
Today’s FLSA Question: I am a municipal fire chief. In response to the current COVID-19 pandemic our city passed an ordinance providing rank-and-file city firefighters with hazard pay. This hazard pay is above and beyond the firefighters’ normal wages and is payable for every hour worked. In fact, the city even made the payment retroactive to include the last two ...
Read More »Settlement Between CA City and Firefighters Imminent Following 2018 FLSA Lawsuit Over Holiday Pay
A Federal Magistrate Judge has recommended the approval of a $350,000 settlement between the City of Merced and several dozen firefighters following a 2018 FLSA lawsuit. The firefighters alleged the city’s failure to include holiday “in-lieu” pay in their regular rate of pay violated the FLSA. The city continues to assert that it did not violate the FLSA, however in ...
Read More »Fire Department Administrative Assistant, Comp Time, and the FLSA
Today’s FLSA Question: I work as an administrative assistant for a small municipal fire department. City hall issued a memo last month eliminating non-essential overtime across all city departments. Our fire chief requested an exception from this prohibition for me, since our office is already shorthanded. City hall responded that as an administrative employee, I could agree to accept comp ...
Read More »Allegations of Falsified Time Sheets Result in State Auditor Demanding Former Fire Chief and Two Firefighters Pay Back More Than $75k
Keith Faber, the State of Ohio’s Chief Auditor, has demanded the former Union City Fire Chief and two of her subordinates (one of which is the chief’s husband) repay more than $75,000 following allegations of falsified “payroll time sheets.” Pamela Idle, the former chief of the Union City Fire Department, former firefighters Craig Idle (Chief Idle’s husband) and Brian Stump ...
Read More »Volunteer Fire Company Sues CT Town Over Volunteer Stipends
An unusual battle between an independent volunteer fire company and a rural New England town has resulted in the fire company filing a lawsuit against the town. In a March 31 lawsuit—filed in New London Superior Court—the Gardner Lake Volunteer Fire Company alleges the Town of Salem, CT is unlawfully withholding almost $28,000 earmarked for volunteer firefighter stipends from the ...
Read More »City hall makes it tough for city employee to volunteer as a firefighter
Today’s FLSA Question: I am an administrative assistant for a small municipal fire department. My job is primarily related to scheduling inspections, handling public information requests, ordering supplies, and handling payroll for our full-time and part-time paid staff. Our organization has a mixture of full-time, part-time and volunteer firefighters. The volunteers do not receive any money for serving as volunteers, ...
Read More »Pennsylvania First Responders Move to Have Coronavirus Considered Workplace Injury
Should workers’ compensation cover police and firefighters that contract the coronavirus? Pennsylvania first responders think that it should…And are trying to do something about it. The Pennsylvania Fraternal Order of Police (FOP) has drafted legislation—which has yet to find a sponsor in the Pennsylvania legislature—that would include coronavirus in a list of “specific occupational illnesses covered under the Workers’ Compensation Act for first responders.”
Read More »207(k) Exemption, Non-Firefighter Medics, and the FLSA
Today’s FLSA Question: I recently accepted a job as fire chief in a small combination fire department. We have a great mix of full-time, part-time, and paid-on-call firefighters. This department is much smaller than my previous employer and they do things a little differently. I am concerned about the way we pay our non-firefighter medics. Historically, the department hired from ...
Read More »Legal Implications of Quarantined Firefighters and the Corona Virus
In this Podcast, Curt Varone and I discuss the legal implications related to the quarantine of firefighters following the recent Corona COVID – 19 breakout. The issues discussed include: the applicability of workers’ compensation benefits for quarantined firefighters, FLSA wage and hour requirements for injured and quarantined firefighters, and much more.
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