Tag Archives: recordkeeping

Another FLSA Suit for FDNY

Three FDNY Motor Vehicle Operators (MVOs) filed a lawsuit in the U.S. District Court for the Southern District of New York last week alleging the City of New York violated the FLSA. More specifically, the plaintiffs allege the city failed to pay them for all hours worked and is not paying overtime at the correct rate of pay. Plaintiffs Christopher ...

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Unpaid Commute vs. Paid Travel Time

Today’s FLSA Question: I am the fire chief of a full-time paid fire department with seven stations. Firefighters bid by seniority to a preferred station. We utilize an out-of-rank system to fill most vacancies within the officer ranks. This out-of-rank system requires senior firefighters to move up and cover vacant officer positions. This can result in firefighters being required to ...

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Planes, Trains, Automobiles, and the FLSA. . .

Today’s FLSA Question: I am the assistant chief for a mid-sized full-time paid fire department. The department is sending two fire officers out-of-state to inspect a new piece of fire apparatus we are purchasing. The apparatus factory is about two hours away by airplane or 6 hours by car. One of the officers wants to leave a day early and ...

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Allegations of Improper Sleep Time Deductions by National Air Ambulance Company

Three flight paramedics and one flight nurse have filed an FLSA lawsuit in the U.S. District Court for the District of Arizona, against their employer, Air Methods Corporation. The suit alleges Air Methods improperly deducts sleep time from employees hours worked in an effort to evade FLSA overtime requirements. While this suit only includes four plaintiffs at this time, attorneys ...

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Virginia EMT Files FLSA Suit Against County

A Virginia emergency medical technician (EMT) has filed a federal lawsuit alleging his employer, Craig County, Virginia failed to pay he and other EMTs properly, in violation of the FLSA. Timothy Mason Kimble, an EMT for the county since 2016, makes two basic allegations on behalf of himself and other “similarly situated” individuals [other EMTs that have yet to join ...

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NY EMT Sues Village For Overtime Pay

A New York EMT is suing his employer for violations of both the Fair Labor Standards Act (FLSA) and New York wage and hour laws. Ronald Tappen, an EMT for the Lindenhurst Fire Department filed the lawsuit in the U.S. District Court for the Eastern District of New York on January 22. Tappen alleges the town failed to pay him ...

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Denying Unauthorized Overtime Can Prove Costly

Today’s FLSA Question: I am a fire chief. I recently had a lieutenant work past the end of his shift and submit an overtime request without authorization. I denied his request for overtime and reminded him that all non-emergency overtime must be pre-approved in advance. Now, the union has filed a grievance and the lieutenant is saying he may institute ...

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Firefighters Donating Shifts and the FLSA

Today’s FLSA Question: I am a city HR manager. One of our firefighters is out of work with a long-term illness. Unfortunately, this firefighter has exhausted all of his sick time. In response other firefighters have been working as substitutes for his assigned shifts. In theory, we have no issues with this practice since firefighters frequently substitute for each other’s ...

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Comp Time and Emergency Call-Back

Today’s FLSA Question: I am the union president for a small municipal fire department. We have only five firefighters on duty at any one time. We negotiated an overtime call-back provision within our labor agreement that allows firefighters to come back if the on-duty crew is out of service (on calls) for an extended length of time. Firefighters receive time ...

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California County Settles FLSA Suit for Overtime at Sheriff’s Training Academy

The County of Riverside, California, has settled a lawsuit filed by 24 former trainees over unpaid overtime. The 24 claimed the county failed to pay trainees for all hours worked during their 26-week training academy. The lawsuit was initially filed by Matthew Dashiell, a former sheriff’s deputy trainee. Dashiell was a trainee at the sheriff’s department training academy in 2013. ...

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