Tag Archives: regular rate

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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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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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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