Tag Archives: regular rate

William Perry, a firefighter and dispatcher for the East Greenwich Fire Department, has filed an FLSA suit against his employer, the Town of East Greenwich, Rhode Island. The suit which was filed on March 23, 2018, in federal court alleges the town willfully violated the FLSA over the past three years. Perry is seeking back wages, liquidated damages, and attorney’s ...

This is the first installment in a six-part series from FirefighterOvertime.org on the regular rate. Proper calculation of the regular rate is critical. All FLSA overtime must be at least time and one-half of the regular rate. The regular rate has been referred to as the “linchpin” of the FLSA. Not only is calculating the regular rate important, it can ...

The City of Modesto, California, has agreed to settle an FLSA lawsuit filed by several current and former city firefighters. The 2016 suit alleged the city failed to include cash payments made to some firefighters in lieu of receiving health benefits in the firefighters’ regular rate of pay. While not all firefighters opted out of city sponsored medical benefits, those ...

Want to rectify past FLSA mistakes without costly litigation? Many employers (including fire chiefs and city administrators) have been reluctant to tackle FLSA compliance concerns for fear of the unknown. Very often, the amount of money in wages owed as a result of an FLSA violation is easy to determine. What follows is the real question . . . The ...

Today’s FLSA Question: I recently read (on FirefighterOvertime.org) that money paid to firefighters for unused vacation time typically does not need to be included in a firefighter’s regular rate. Our employment contract provides “bonuses” up to $1,000 annually if a firefighter does not use any sick time in a calendar year, and states that a certain number of unused sick ...

Adolfo Jimenez, a former police officer for the City of Parlier, California, has filed a federal law suit in the Eastern District of California, claiming the city violated the Fair Labor Standards Act (FLSA). The suit alleges the city failed to adequately compensate Jimenez for off-the-clock work related to the care, training, maintenance, and transport of his police work dog. ...

The Summerville Fire and Rescue Department in Summerville, South Carolina is the latest fire department to move away from paying its firefighters under the fluctuating workweek (FWW) method of overtime compensation. Summerville firefighters will no longer receive salary-based pay under the FWW and instead will be compensated by the hour. The move is expected to cost the city an additional ...

Today’s FLSA Question: Our employment contract contains a provision entitled “annual vacation buy-back,” which allows firefighters to cash out up to 100 hours of unused vacation hours annually. The hours are paid at the firefighter’s hourly rate at the time of buy-back. Does this “buy-back” money for unused vacation time need to be included in the firefighter’s regular rate? Excellent ...

The City of Albuquerque, New Mexico, has reached an agreement with the International Association of Firefighters (IAFF), Local 244, which represents the city’s firefighters for a one-time $8 million payment to settle an almost decade long pay dispute. In 2008, the city and firefighters entered into a three-year collective bargaining agreement (CBA) in which the city promised to provide a ...

Today’s FLSA Question: Does longevity pay need to be included in a firefighter’s regular rate of pay? What if the firefighter receives longevity pay in a lump sum every year? Yes, most longevity payments need to be included in the regular rate. Whether the money is paid annually, quarterly, weekly, or even hourly does not change this fact. Receiving longevity ...