Tag Archives: regulations

Volunteer Firefighter Incentive Plan, Same Type of Services, and the FLSA

Today’s FLSA Question: I am a volunteer fire chief for a fully volunteer fire department. Like many volunteer fire departments, we struggle getting trucks on the road during weekday hours. However, we have several volunteer firefighters that are employed by the town in other departments in addition to serving as volunteer firefighters. Recently, a town official proposed allowing these town ...

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Court Finds for KC Firefighters in FLSA Regular Rate Lawsuit

A United States Magistrate Judge has ruled in the favor of more than 450 Kansas City, Missouri firefighters following their FLSA lawsuit against the city. In a 2019 lawsuit, Kansas City firefighters claimed the city failed to include a wide range of wage augments in their overtime rate of pay. The FLSA requires “all remuneration for employment paid to, or ...

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National Fire Academy Training and the FLSA

Today’s FLSA Question: I am the fire chief of a full-time paid municipal fire department. Several of our firefighters and officers have been voluntarily attending on-campus classes in several different programs offered through the National Fire Academy (NFA). As a policy, the department provides these members with paid time off (without using vacation time or requiring shift trades) for all ...

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Another FLSA Lawsuit filed by FDNY EMS Workers

The City of New York is once again facing an FLSA lawsuit filed by FDNY Emergency Medical Services (EMS) workers. In a 15-page complaint filed in the U.S. District Court for the Southern District of New York on September 16, 2021, three named plaintiffs claim the City of New York is systematically underpaying its EMS workers. Specifically, the complaint alleges ...

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Illinois Firefighters File FLSA Suit

A group of four firefighters have filed a lawsuit, in the U.S. District Court for the Northern District of Illinois, alleging their employer, the Village of Winthrop Harbor, Illinois, underpaid them for overnight shifts and failed to pay overtime as required by the Fair Labor Standards Act and the Illinois Minimum Wage Law. The Village of Winthrop Harbor is a ...

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OK City Settles FLSA Suit with Firefighters

The City of Chickasha, Oklahoma and has settled an FLSA lawsuit with 31 city firefighters for almost $150,000. The settlement stems from a December 2020 lawsuit filed in the U.S. District Court for the Western District of Oklahoma. The firefighters alleged the city failed to include longevity pay in their regular rate of pay. The FLSA requires wage augments, like ...

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“Use It, or Lose It” Policy Not an Option for FLSA Comp Time

Today’s FLSA Question: I am a non-exempt battalion chief for a municipal fire department. Our department requires all non-exempt chief officers, like myself receive FLSA comp time in lieu of FLSA overtime. Recently, the city changed some comp time policies. First, the maximum number of comp time hours an employee can accrue is now capped at 300 hours. Previously, we ...

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CA Fire District Settles FLSA Regular Rate Lawsuit with Firefighters

The Borrego Springs Fire Protection District (District) has reached a settlement with twenty-five firefighters following an FLSA lawsuit filed in May 2020. The firefighters claimed the District failed to include money paid directly to firefighters in lieu of employer sponsored medical benefits, paramedic certification, and holiday in lieu pay in their regular rate of pay. The terms of the settlement ...

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FLSA for Fire Departments – Update

The Fire Law Group is pleased to announce a series of advanced live three-hour webinars dedicated to the most important and challenging FLSA wage and hour issues impacting fire departments, firefighters, and other public safety professionals today. The first is scheduled for Wednesday, October 20, 2021 and is entitled: Calculating Regular Rate for Firefighters and other First Responders. This program ...

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