Tag Archives: regulations

Firefighters Traveling Out-of-State To Spec / Inspect Apparatus Can Cause FLSA Headaches

Today’s Advanced FLSA Question: What are the potential wage and hour concerns associated with sending non-exempt firefighters out of state to spec and/or inspect new fire apparatus? Answer: Good question. Believe it or not, this is a very advanced question. Allowing overtime eligible employees [like firefighters] to engage in work-related travel without considering the potential wage and hour implications is ...

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Volunteer Firefighter Compensation and the FLSA

Today’s FLSA Question: I am a fulltime chief of a combination fire department. We have a mix of volunteer and paid firefighters. Like many folks, we are struggling with recruitment and retention within all of our ranks, but especially within our volunteers. Recently, some of our neighboring departments began offering their volunteers an hourly rate instead of a stipend. Some ...

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Bonuses for Collateral Duties and the Regular Rate

Today’s FLSA Question: I am the administrator for a fulltime fire and EMS district. We have several personnel that work part-time collateral positions within our organization. These collateral positions include training officer, EMS coordinator, and HAZMAT officer. Personnel receive overtime when working in these capacities outside of their normal work hours, however they also spend a great deal of their ...

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Orlando District Chiefs File FLSA Lawsuit

A group of twenty-four current and former “District Chiefs” from the Orlando Fire Department have filed a lawsuit in federal court alleging the city misclassified them as overtime exempt employees in violation of the FLSA. This lawsuit is the latest in a series of similar lawsuits filed by high-ranking fire officers from across the country seeking overtime pay. Quoting from ...

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Hundreds of Los Angeles City Firefighter/Medics File FLSA Lawsuit Against the City

Over 400 current and former Los Angeles City Fire Department firefighter/medics have filed a federal lawsuit against the city alleging violations of the Fair Labor Standards Act (FLSA). The lawsuit, which was filed in the United States District Court for the Central District of California earlier this summer contains allegations that the city misclassified hundreds of firefighter/medics as employees engaged ...

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Lone Honolulu Medic’s FLSA Lawsuit to Grow with Judge’s Ruling

A federal lawsuit filed by Honolulu paramedic Robert Hayslip will expand to include hundreds of other “similarly situated” EMTs and medics following a federal judge’s ruling last week. United States District Court Judge, Derrick K. Watson granted a motion filed by Hayslip’s attorneys to conditionally certify the lawsuit as a “collective action.” According to Hayslip’s attorneys, as many as 300 ...

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Fire Chief’s Comp Time Cash Out at Retirement and the FLSA

Today’s FLSA Question: I recently read a news story about a fire chief that retired and received compensation for 93 comp time days in addition to his unused vacation and sick time. My question is specifically about the comp time buy-out. Assuming that each “day” equaled 8 hours of comp time, that equates to 744 hours of comp time. My ...

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Volunteer, Per Diem, and Full Time Firefighters and the FLSA

Today’s FLSA Question: I am a full-time paid firefighter in a small rural combination fire department. We have 12 full-time firefighters and another dozen active volunteers. Our department has strict rules that forbid our paid firefighters volunteering their time for the department. Recently, the department began allowing the volunteer firefighters the opportunity to pick up “per diem” shifts. The volunteers ...

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Discretionary Bonus for Working Overtime, the Regular Rate, and the FLSA

Today’s FLSA Question: I work for a third-party EMS agency that contracts 911 service for a rural county. Our agency is struggling to find medics and EMTs. As a result, overtime and mandatory overtime has turned into the norm. In an effort to incentivize employees to take additional shifts, my company has begun offering a bonus in addition to overtime ...

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Part-Time Fire Chiefs and Compensation Part II

My friend and colleague Curt Varone recently posted a story on his Fire Law Blog entitled, “Part-Time Fire Chiefs and Compensation.” The post answered a burning question that Curt received on whether part-time fire chiefs can be classified as overtime exempt executive employees. Curt did a great job answering that question and providing some alternative options for compensating part-time fire ...

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