Today’s FLSA Question: I am the fire chief for a small combination fire department. In addition to myself, we employ fifteen full-time employees. Twelve firefighter/medics, two lieutenants, and one captain all assigned to 24-hour shifts (24 hours on, 48 hours off) working a 56-hour average workweek. We use a 14-day work period and pay overtime for all hours worked over ...
Read More »Tag Archives: regulations
Limitations on FLSA Comp Time for Firefighters
Today’s FLSA Question: Can a fire department’s collective bargaining agreement limit the amount of FLSA compensatory time (comp time) a firefighter can accrue to only 240 hours? The current contract allows firefighters to accrue up to 480 hours of FLSA comp time. A new city administrator wants to negotiate with the firefighter’s union in an effort to lower the city’s ...
Read More »Indiana Town Alters Call Firefighter Pay Over FLSA and Fairness Concerns
The Town Council in Dyer, Indiana recently passed a temporary ordinance related to compensating town employees that also serve as paid-on-call firefighters. The ordinance, which was unanimously passed by the council, mandates the town set the overtime rate for town employees that also serve as paid-on-call firefighters, at time and one-half of the “highest regular hourly rate of pay” earned ...
Read More »Oklahoma Firefighters Claim Regular Rate Violations in Lawsuit Against City
The City of Chickasha, Oklahoma is facing a lawsuit filed by city firefighters for unpaid overtime. A group of thirty-one, current and former Chickasha firefighters filed the lawsuit in federal court earlier this month. Specifically, the firefighters allege the city failed to include contractually guaranteed longevity payments in their regular rate of pay in violation of the FLSA. As a ...
Read More »Judge Finds Lack of Established Work Period Results in Loss of §207(k) Exemption for One OH Fire Department
How important is establishing a qualifying work period for §207(k) firefighters? Officials from the Village of Highland Hills, a small suburb outside of Cleveland, found out this past week. In a succinct easy to read six-page opinion, U.S. District Court Judge James S. Gwin, found that the village had not established a work period and was therefore unable to claim ...
Read More »Firefighters, Mandatory COVID-19 Testing & the FLSA
This is the second of several posts dedicated to answering questions asked by attendees at the recent FLSA for Fire Departments live webinar. If you have questions like this, please consider attending the next live webinar in February 2021. FLSA Question: We require mandatory weekly COVID tests for all of our firefighters. We pay off-duty firefighters four hours of overtime ...
Read More »Virginia Beach Faces Overtime Lawsuit from EMS Captains
A small group of current and former EMS Captains for the City of Virginia Beach’s Emergency Medical Services Department have filed a federal lawsuit alleging the city’s pay practices violate both the FLSA and Virginia state law. According to the medics’ complaint, which was filed earlier this week in federal court, the city improperly classifies EMS Captains as overtime exempt ...
Read More »Uniform Allowances and the FLSA
This is the first of several posts dedicated to answering questions asked by attendees at the recent FLSA for Fire Departments live webinar. If you have questions like this, please consider attending the next live webinar in February 2021. FLSA Question: Can uniform allowances paid to police officers and firefighters be excluded from the regular rate of pay? Does the ...
Read More »Claims of Unpaid Overtime and Possible FLSA Retaliation for an Ohio City
A Columbiana Ohio, police officer recently filed a rather straight-forward lawsuit containing allegations of unpaid overtime. Patrolman Bryan Granchie, a K-9 officer for the Columbiana Police Department filed the lawsuit, in the U.S. District Court for the Northern District of Ohio, alleging the city failed to pay him for hours worked caring for his K-9 work partner “Csuti.” Lawsuits for ...
Read More »Firefighter/Medics Assigned to EMS Companies and the FLSA’s 207(k) Exemption
In this Vlog, Curt Varone and I discuss a recent federal court decision that invalidated one Texas fire departments use of the FLSA’s §207(k) partial overtime exemption for firefighter/medics assigned to EMS companies. Here is more on this important ruling. Ruling in FF/Medics’ FLSA Overtime Lawsuit Stresses Importance of FD Policies and Procedures
Read More »