Tag Archives: regular rate of pay

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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Austin First Responders Upset Over City’s Hazard Pay Plans

The City of Austin, Texas has announced that some city employees will be receiving “hazard pay” as a result of working during the coronavirus outbreak. Austin officials have announced that some city workers will receive a one-time lump-sum payment as a reward for coming to work during the height of the pandemic. The one-time payment could be as much as ...

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Employer Sponsored Life Insurance, the Regular Rate, and the FLSA

Today’s FLSA Question: I am a career firefighter. The city provides a $90,000 life insurance policy for all firefighters. I noticed the city included a portion of the cost of the insurance policy as taxable income in my last paycheck of 2019. I asked our finance department for an explanation. I was told the IRS requires some fringe benefits, like ...

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CA Firefighters File FLSA Suit Over Regular Rate

The Borrego Springs Fire Protection District (District) is the latest California fire department facing an FLSA lawsuit. A group of seventeen firefighters filed the suit last month, in the U.S. District Court for the Southern District of California, alleging the district failed to include all remuneration in the firefighters’ regular rate of pay. Specifically, the firefighters allege the district did ...

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New DOL Rule Makes It Easier to Lower First Responder Pay

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 ...

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