Tag Archives: shift commander

California City Faces FLSA Overtime Lawsuit from Battalion Chief

The City of Encinitas, California is the latest city to face an FLSA overtime lawsuit from a fire department battalion chief. The lawsuit, which was filed in the U.S. District Court for the Southern District of California on April 8, alleges the city misclassifies battalion chiefs as overtime exempt employees in violation of the FLSA. As of now, the lawsuit ...

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Battalion Chiefs, Straight Time Overtime, and the FLSA

Today’s FLSA Question: I am an overtime exempt battalion chief for a mid-sized municipal fire and medical department. I do not receive any FLSA overtime. Despite being overtime exempt, the city pays me and other exempt chiefs “straight time overtime” for additional shifts worked beyond the normal work schedule. This is paid at our normal hourly rate. It is not ...

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Fourth Circuit Court of Appeals Extinguishes VA Battalion Chiefs OT Claims

In an important and highly anticipated decision, the United States Court of Appeals for the Fourth Circuit upheld a 2019 federal court decision denying FLSA overtime for seven Chesapeake, Virginia Battalion Chiefs without the need of a trial. While this decision, which was handed down unanimously by a three-judge panel last Friday, only applies to a small handful of battalion ...

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Retired PA Fire Department Shift Commander Files FLSA Suit

Retired First Deputy Fire Chief Gary Mogel has filed an FLSA lawsuit against his former employer, the City of Reading, Pennsylvania alleging the city violated the FLSA by failing to pay fire department shift commanders any overtime. This lawsuit is the latest of several recent lawsuits involving fire department shift commanders challenging their employer’s classification as “white-collar” overtime exempt employees. ...

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