This is the second of a three-part series related to recent updates to Department of Labor (DOL) regulations pertaining to the FLSA. Click here for Part I. The updated regulations will undoubtedly affect many workers in different ways. However, for the purpose of this series, we will look at several key components of the update and how it may impact ...Read More »
Tag Archives: regulations
Firefighters, Overtime, and the Fair Labor Standards Act is the title of an article appearing in this month’s Firehouse Magazine. The article was written by my friend and colleague Curt Varone. The article is based on Curt’s Fire Litigation Database and delves into the top five reasons fire departments are getting sued under the FLSA. In the following podcast, Curt ...Read More »
Today’s FLSA Question: I am a full-time firefighter. I recently left my first firefighting job in a small combination department. I worked there for almost 5 years before moving onto a bigger department. My former colleagues at this small combination department recently settled a long-running contract dispute with the town. As a result of this settlement, the firefighters will be ...Read More »
The Department of Labor (DOL) will be implementing several important updates to regulations related to the FLSA over the next few weeks. These updates include an increase in the minimum salary required for overtime exempt “white-collar” employees and critical changes to DOL regulations related to the regular rate of pay. It would be nearly impossible to properly address these changes ...Read More »
The crux of the plaintiff’s complaint involved alleged FLSA regular rate violations. In particular, the city’s failure to include certain wage augments in the plaintiffs’ regular rate. The FLSA requires virtually all the money an employee is paid included in his or her regular rate. Proper calculation of the regular rate is critical since all FLSA overtime must be paid at a rate of at least time-and-one-half of the employee’s regular rate. Very often employers utilize an employee’s base hourly rate to calculate the overtime rate of pay. However, the FLSA requires that all remuneration be included in the regular rate of pay.
Specifically, the plaintiffs made two basic claims:
- First, the city failed to include money paid directly to employees in lieu of receiving employer sponsored medical benefits in the regular rate.
- Second, the plaintiffs also wanted holiday pay included in their regular rate.
Today’s FLSA Question: I am a city HR manager and recently attended one of the FLSA for Fire Departments seminars. We have a new city manager that is looking to curb overtime costs within our fire department. Specifically, he wants to dock firefighters pay for the time spent eating meals. I know the FLSA allows for this practice, however how ...Read More »
In the latest legal twist involving battalion chiefs (shift commanders) and FLSA overtime eligibility, United States Magistrate Judge Lawrence R. Leonard has dismissed an overtime lawsuit filed by seven Chesapeake, Virginia Battalion Chiefs (BCs). The seven BCs filed the suit last July, in the U.S. District Court for the Eastern Division of Virginia, alleging the City of Chesapeake failed to ...Read More »