A federal lawsuit filed by Honolulu paramedic Robert Hayslip will expand to include hundreds of other “similarly situated” EMTs and medics following a federal judge’s ruling last week. United States District Court Judge, Derrick K. Watson granted a motion filed by Hayslip’s attorneys to conditionally certify the lawsuit as a “collective action.” According to Hayslip’s attorneys, as many as 300 ...
Read More »Tag Archives: regular rate of pay
Discretionary Bonus for Working Overtime, the Regular Rate, and the FLSA
Today’s FLSA Question: I work for a third-party EMS agency that contracts 911 service for a rural county. Our agency is struggling to find medics and EMTs. As a result, overtime and mandatory overtime has turned into the norm. In an effort to incentivize employees to take additional shifts, my company has begun offering a bonus in addition to overtime ...
Read More »Calculating a Firefighter’s Regular Rate from a Salary
Today’s FLSA Question: I am a full-time paid firefighter that works a 56-hour average workweek utilizing a 48/96 schedule. My department calculates my regular rate and overtime rate by taking my annual salary, including stipends and longevity, and dividing that by 2,912. According to human resources, that is the proper method since that is the number of hours that our ...
Read More »TN County Sheriffs File FLSA Lawsuit for Regular Rate Violations and Unpaid Overtime Following Change in Work and Pay Periods
Humphreys County, Tennessee is the latest public employer to face an FLSA lawsuit filed by its employees. A group of six current and former workers from the county’s sheriff’s office filed the lawsuit on behalf of themselves and other similarly situated individuals in the U.S. District Court for the Middle District of Tennessee on October 31, 2022. The plaintiffs, four ...
Read More »Lump Sum Pay Raises, Regular Rate, and the FLSA
Today’s FLSA Question: I am a firefighter in a small full-time unionized fire department. Our most recent three-year collective bargaining agreement provided us with “discretionary” lump-sum annual bonuses in lieu of traditional percentage-based wage increases. In the first year of the contract, we received a $2,000 lump sum payment. In the second and third year of the contract we will ...
Read More »Comp-Time Payments, Base Hourly Rate, and the FLSA
Today’s FLSA Question: I am a full-time firefighter in a small combination fire department. My department has a long history of providing FLSA comp time instead of paying FLSA overtime. However, the department uses the firefighter’s base hourly rate when using accrued comp time. This base rate does not include any wage incentives or stipends. Additionally, the fire department allows ...
Read More »$1.575 Million Settlement in Milwaukee Fire Department FLSA Suit
The City of Milwaukee, Wisconsin has proposed a settlement of more than $1.5 million with several hundred city firefighters following a 2020 FLSA lawsuit. The settlement, which still requires court approval, allocates up to $1.15 million for back wages and damages, up to $400k for the firefighters’ attorneys, another $25k for court costs, and an additional $5k for the firefighter ...
Read More »$415K Settlement in WV Holiday Pay Lawsuit
The City of Huntington, West Virginia has agreed to a $415,000 settlement with a group of current and former city firefighters following their 2020 lawsuit over holiday pay. The firefighters’ allegations center around a unique portion of the West Virginia Wage Payment and Collection Act that requires paid firefighters either receive time and one-half pay for all hours worked on ...
Read More »Paramedic and Length of Service Bonuses and the FLSA
Today’s FLSA Question: I am a full-time firefighter for a small city fire department. Our state does not recognize collective bargaining for public employees and we are not represented by a union. Firefighter pay in our city lags behind most of our neighboring departments. As a result, recruitment and retention is a huge issue. The city recently looked to address ...
Read More »Paramedic Sign-On Bonuses, the Regular Rate and the FLSA
Today’s FLSA Question: My fire department initiated a “sign-on bonus” program for paramedics a couple of years ago. Under the terms of the program, lateral paramedic transfers received a one-time $5,000 sign-on bonus at the time of hire. In exchange for the bonus, the paramedic signed an agreement that they would remain employed with the fire department for at least ...
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