Tag Archives: regular rate

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 ...

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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 ...

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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 ...

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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 ...

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$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 ...

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Honolulu Medic Files FLSA Lawsuit

A paramedic from Honolulu, Hawaii has filed an FLSA lawsuit on behalf of himself, and other similarly situated individuals, claiming the Honolulu Department of Emergency Services is violating the FLSA. In the complaint, which was filed last week in the United States District Court for the District of Hawaii, paramedic Robert Hayslip makes three basic allegations: Hayslip alleges his employer ...

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$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 ...

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Settlement Reached with CA Sheriff Deputies Following FLSA Lawsuit

San Joaquin County, California has reached a $279,000 settlement with a group of sheriff deputies following a 2020 lawsuit for alleged FLSA violations. The settlement, which was approved by a federal judge on August 15, 2022, settles a lawsuit filed by forty sergeants from the San Joaquin Sheriff’s Office. The sergeants claimed that the county failed to properly calculate their ...

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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 ...

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