Tag Archives: regular rate

Firefighters, Two Rates of Pay, and the FLSA

Today’s FLSA Question: I am the payroll/HR manager for a fire department. Our department offers first aid and CPR classes for residents of the community. We offer the classes a couple of times per year. Firefighters that are certified CPR and first aid instructors teach the classes during off-duty hours. However, since most of the firefighters make different hourly rates, ...

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West Virginia Firefighters Allege City Failed to Pay Overtime Correctly

Fifty-eight Morgantown, West Virginia firefighters have filed a lawsuit alleging the City of Morgantown failed to pay overtime as required under West Virginia state law. The crux of the firefighter’s argument stems from a very unique West Virginia statute that requires time-and-one-half pay for firefighters required to work holidays. Here is a portion of that statute: §8-15-10a. Firemen who are ...

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Santa Clara Close to Settling with Firefighters Following FLSA Suit

The City of Santa Clara, California is close to settling an FLSA lawsuit filed by five city firefighters back in October of 2018. These five initially alleged the city violated the FLSA by failing to include all remuneration in their regular rate of pay which resulted in firefighters being shorted on both comp time and overtime payments. The firefighters also ...

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On-Call Stipend, Regular Rate, & the FLSA

Today’s FLSA Question: I am the union president of a mid-sized fire department. In our most recent contract negotiations, we were able to secure a small “on-call” stipend for several fire department officers that are required to be on-call. Starting July 1, the fire marshal and safety officer will each receive a weekly stipend for the inconvenience of being on-call. ...

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More than 250 San Diego Firefighters Opt-in On FLSA Suit Against the City

On April 2, 2019 three San Diego firefighters filed suit in the U.S. District Court for the Southern District of California alleging the City of San Diego violated the Fair Labor Standards Act (FLSA). For more on that story from FirefighterOvertime.org click here. However, in the past five weeks alone, another 250 city firefighters have elected to “opt-in” on this ...

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San Diego Firefighters File FLSA Lawsuit

Several current and former San Diego firefighters filed a federal lawsuit last week alleging the City of San Diego violated the FLSA. Eric Kelley, Patrick Hesters, and Eric Dunnick filed the suit on behalf of themselves and other similarly situated individuals in the U.S. District Court for the Southern District of California on April 2, 2019. The firefighters’ complaint states ...

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Allegations of FLSA Regular Rate Violations Against CA Fire Department

Cathedral City, California, is the latest city to face allegations of unpaid overtime from one of its firefighters. Corey Goddard, an engineer/paramedic for the Cathedral City Fire Department, filed a federal lawsuit this week alleging his employer [Cathedral City] failed to include all remuneration in his and other firefighters’ regular rate of pay in violation of the FLSA. In the ...

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California Firefighters and City Settle FLSA Claims for More than $280,000

The City of La Verne, California has reached a settlement with a group of twenty-seven current and former city firefighters following allegations of unpaid overtime. The settlement follows a February 2018 FLSA lawsuit filed by the firefighters in the U.S. District Court for the Central District of California. The firefighters made two basic claims in the suit. First, the city ...

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