Today’s FLSA Question: I am a paid firefighter in a small full-time fire department. My department has one station and a total of 7 firefighters on-duty per shift. We work 24-hour shifts that start at 7 am. We rotate ride positions between two engines and an EMS unit. Our department’s policy requires that all personnel report to the shift captain ...
Read More »Tag Archives: pre-and-post shift activities
NJ Police Officers Prevail in FLSA Lawsuit Over Uncompensated Pre-Shift Work Activities
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 ...
Read More »DOL Investigation Finds Colorado County Failed to Pay Law Enforcement Officers for Pre-and-Post Shift Work
An investigation conducted by the U.S. Department of Labor (DOL) has found that the Rio Blanco County Sheriff’s Office violated the FLSA by not paying law enforcement officers for the time spent working before and after scheduled work shifts. The FLSA requires employers pay overtime eligible employees for all hours worked. This includes time spent before and after assigned work ...
Read More »Federal Judge Dismisses FDNY’s Latest Hail Mary Attempt to Avoid Paying EMTs Millions in Unpaid Overtime, Damages, and Attorneys’ Fees
An FLSA lawsuit filed by more than 2,500 FDNY EMTs and Paramedics back in 2013 is inching towards a conclusion after a federal judge dismissed the city’s most recent attempt for a new trial last week. This latest decision comes on the heels of a 2019 trial in which a jury awarded the FDNY EMTs and medics over $14 million ...
Read More »NYC Settles FLSA Lawsuit with Four FDNY Motor Vehicle Operators for more than $400K
The City of New York has agreed to pay four current and former FDNY Motor Vehicle Operators (MVOs) and their attorneys a total of $429,901.18 to settle an unpaid overtime lawsuit. The MVOs, filed the lawsuit in June 2019, alleging the city failed to pay them for required pre-and-post shift activities (i.e., off-the-clock work), time spent working during unpaid meal ...
Read More »FL Fire Captains Reach Settlement with County Following FLSA Suit
Seventeen Fire Captains from Marion County Fire and Rescue (MCFR), in Marion County, Florida have reached a settlement with the county following a 2019 lawsuit alleging they were misclassified as overtime exempt executives. The settlement, which still must be approved by the court, requires the county to pay a total of $725,000 to the captains and their attorneys. The settlement ...
Read More »DOL Issues New Guidance Related to the COVID-19 Pandemic Likely to Impact Firefighters, EMTs, and Other Essential Public Safety Personnel – Part I – Employer Mandated Temperature Checks
This is the first of several posts dedicated to new guidance issued by the U.S. Department of Labor (DOL) on wage and hour issues related to the COVID-19 pandemic and the compensability of certain health related job requirements and activities. The DOL’s Wage and Hour Division issued this guidance on April 26, 2021 as part of a new initiative entitled ...
Read More »Claims of Unpaid Overtime and Possible FLSA Retaliation for an Ohio City
A Columbiana Ohio, police officer recently filed a rather straight-forward lawsuit containing allegations of unpaid overtime. Patrolman Bryan Granchie, a K-9 officer for the Columbiana Police Department filed the lawsuit, in the U.S. District Court for the Northern District of Ohio, alleging the city failed to pay him for hours worked caring for his K-9 work partner “Csuti.” Lawsuits for ...
Read More »TN County and Medics Settle Overtime Lawsuit
Putnam County, Tennessee has reached a $280,000 settlement agreement with a group of current and former EMTs following a 2019 lawsuit over alleged FLSA violations. The suit, which was initially filed by a lone paramedic last July, contained three basic allegations. First, the county failed to pay for off-the-clock pre-and-post shift work, second, the county improperly implemented the “fluctuating workweek ...
Read More »Paramedics, Pre-and-Post Shift Activities, Retaliation, and the FLSA
Today’s FLSA Question: I was a paramedic for a local fire department. The department has a policy that requires medics brief each other face-to-face at the beginning and end of each 12-hour shift. Medics must fill each other in on the calls that were run, medications used and replaced, account for on-board narcotics, computer, and radio equipment. This process takes ...
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