Today’s FLSA Question: I am a career firefighter. The city provides a $90,000 life insurance policy for all firefighters. I noticed the city included a portion of the cost of the insurance policy as taxable income in my last paycheck of 2019. I asked our finance department for an explanation. I was told the IRS requires some fringe benefits, like ...
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CA Firefighters File FLSA Suit Over Regular Rate
The Borrego Springs Fire Protection District (District) is the latest California fire department facing an FLSA lawsuit. A group of seventeen firefighters filed the suit last month, in the U.S. District Court for the Southern District of California, alleging the district failed to include all remuneration in the firefighters’ regular rate of pay. Specifically, the firefighters allege the district did ...
Read More »COVID-19 Hazardous Duty Pay and the Regular Rate
Today’s FLSA Question: I am a municipal fire chief. In response to the current COVID-19 pandemic our city passed an ordinance providing rank-and-file city firefighters with hazard pay. This hazard pay is above and beyond the firefighters’ normal wages and is payable for every hour worked. In fact, the city even made the payment retroactive to include the last two ...
Read More »City hall makes it tough for city employee to volunteer as a firefighter
Today’s FLSA Question: I am an administrative assistant for a small municipal fire department. My job is primarily related to scheduling inspections, handling public information requests, ordering supplies, and handling payroll for our full-time and part-time paid staff. Our organization has a mixture of full-time, part-time and volunteer firefighters. The volunteers do not receive any money for serving as volunteers, ...
Read More »Retention Bonus, Firefighters, and the FLSA
Today’s FLSA Question: I am a city finance director responsible for paying our city’s public safety workers. The fire chief recently approached me with an interesting idea for new firefighters. During the recession the city lowered the starting wages for fire department employees significantly. This has impacted our ability to recruit and retain rookie firefighters. The chief would like to ...
Read More »Legal Implications of Quarantined Firefighters and the Corona Virus
In this Podcast, Curt Varone and I discuss the legal implications related to the quarantine of firefighters following the recent Corona COVID – 19 breakout. The issues discussed include: the applicability of workers’ compensation benefits for quarantined firefighters, FLSA wage and hour requirements for injured and quarantined firefighters, and much more.
Read More »Regular Rate, Sick Leave Incentives, and the FLSA
Today’s FLSA Question: I am the fire chief of a mid-sized municipal fire department. The most recent collective bargaining agreement with our firefighters contains an incentive plan designed to curb sick leave abuse. Firefighters and officers that use less than 72 hours of sick leave during a calendar year receive an additional 24 hours of paid leave during the following ...
Read More »DOL Rings in the New Year with Updated FLSA Regs Likely to Impact Many Fire Departments – Part II – The Regular Rate
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 »Firefighters, Overtime, and the Fair Labor Standards Act (FLSA)
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 »Firefighters, Retroactive Pay Raises and the FLSA
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 ...
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