Tag Archives: regular rate of pay

Uniform Allowances and the FLSA

This is the first of several posts dedicated to answering questions asked by attendees at the recent FLSA for Fire Departments live webinar. If you have questions like this, please consider attending the next live webinar in February 2021. FLSA Question: Can uniform allowances paid to police officers and firefighters be excluded from the regular rate of pay? Does the ...

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San Diego Approves $3.4 Million Settlement in FLSA Lawsuit with City Firefighters

The San Diego City Council unanimously approved a $3.4 million settlement with more than 700 city firefighters this week. The settlement resolves a 2019 lawsuit, that was initially filed by only three city firefighters, alleging the city’s pay practices violated the FLSA. Over the course of the next several months hundreds of more firefighters opted into the suit. In the ...

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Upstate NY City Settles FLSA Suit

The City of Gloversville, New York has agreed to settle a lawsuit filed by three retired firefighters over alleged violations of the FLSA. According to The Leader-Herald, the settlement provides a total of $110,000 paid to the three retirees and their attorney(s). The crux of the retired firefighters’ claims revolved around the FLSA’s compensatory time (comp time) requirements. In particular, ...

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DC Police Officers File FLSA Lawsuit Over Covid-19 Hazard Pay

A group of more than 1,000 Washington D.C., police officers filed a lawsuit earlier this week in the U.S. District Court for the District of Columbia alleging the District has shorted the officers’ overtime rate during the COVID-19 pandemic. Specifically, the officers claim the District has failed to include hazardous duty pay in their regular rate of pay in violation ...

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Ruling in FF/Medics’ FLSA Overtime Lawsuit Stresses Importance of FD Policies and Procedures

Fire Departments that utilize the FLSA’s §207(k) partial overtime exemption for cross-trained firefighter/EMTs should carefully review their policies and procedures following a recent court decision. The decision, which was handed down by U.S. District Court Judge Ada Brown, invalidated the Dallas/Fort Worth International Airport’s Fire Department’s (DFWFD) use of the §207(k) exemption for cross-trained firefighter/EMTs assigned to the department’s EMS ...

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GA County Fire Department Faces A Second FLSA Suit Since 2018

The Cobb County Georgia Fire Department is facing a second lawsuit in as many years for allegedly violating the FLSA. David Simister, a fire captain for Cobb County Fire filed this second suit, on behalf of himself and “other similarly situated individuals,” last week in the U.S. District Court for the Northern District of Georgia. Simister claims the county’s pay ...

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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 ...

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