Tag Archives: state laws

Right-to-Work States, Collective Bargaining, and the FLSA

Today’s FLSA Question: I am the president of my local firefighter’s union. I was told that since we live in a collective bargaining state and are not subject to right-to-work laws, knowledge of the FLSA is not essential for us. Is this true? Answer: Nothing could be further from the truth. The FLSA is a federal law. Virtually all of ...

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California Voters Clear Path Around Costly Wage and Hour Laws for Some EMS Workers

California voters overwhelmingly approved a voter initiative entitled Proposition 11 – Emergency Ambulance Employee Safety and Preparedness Act” (Act) during last week’s mid-term election. In part, this new state law will require ambulance companies provide advanced training and improved access to mental health assistance for private sector ambulance workers. In addition, Proposition 11 also mandates paid rest periods for ambulance ...

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Irish Ambulance Workers Refuse to Work Overtime Over Labor Dispute

In an interesting story from across the Atlantic, approximately 500 paramedics and emergency medical technicians (EMTs) have “withdrawn” from working overtime following a labor dispute with Ireland’s Health Service Executive (HSE). The HSE is a governmental agency charged with providing health and social services to all of Ireland. According to the Irish Examiner, the dispute between the HSE and members ...

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Colorado Fire Department Struggles to Provide Enhanced EMS Services to Community Within Existing Overtime Budget

Union officials in Pueblo City, Colorado are sounding the alarm over the city’s decision to temporarily close engine companies while firefighters assigned to those rigs attend paramedic school. According to KOAA, News channel 5, nine city firefighters are currently attending paramedic school during their normally assigned work shifts. The department has structured the training so that only one engine company, ...

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Collective Bargaining, Work Periods, and the FLSA

Today’s FLSA Question: I am the financial manager for a small fire protection district. I recently attended your FLSA for Fire Departments seminar. One of my biggest take-aways from the 3-day class relates to firefighter work periods. But now I have a follow-up question. Our firefighters work 24-hour shifts for an average of 56 hours per week. We process payroll ...

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Health and Wellness Programs and the FLSA

Today’s FLSA Question: I am my city’s HR manager. Our city provides health and wellness activities for city employees. As part of this program, employees can voluntarily participate in biometric testing programs. These include blood pressure, cholesterol, and other important health screenings. Employees who participate receive discounts off their portion of health insurance premiums. We schedule many activities during the ...

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California Police Officers Seek Holiday Pay Included in Regular Rate

Six Merced, California, Police Department employees have filed a lawsuit against the city, claiming it failed to calculate overtime pay correctly. The suit was filed on August 17, 2018 by three sergeants, two patrol officers, and one dispatcher in the U.S. District Court for the Eastern District of California. Specifically, these sergeants, officers, and dispatcher claim the city failed to ...

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California County Settles FLSA Suit for Overtime at Sheriff’s Training Academy

The County of Riverside, California, has settled a lawsuit filed by 24 former trainees over unpaid overtime. The 24 claimed the county failed to pay trainees for all hours worked during their 26-week training academy. The lawsuit was initially filed by Matthew Dashiell, a former sheriff’s deputy trainee. Dashiell was a trainee at the sheriff’s department training academy in 2013. ...

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Virginia Battalion Chiefs File Lawsuit Seeking Overtime Pay

Seven Battalion Chiefs from the Chesapeake Fire Department, in Chesapeake, Virginia, have filed a federal lawsuit looking for overtime pay. The Battalion Chiefs claim the city violated both the Fair Labor Standards Act and Virginia Gap Pay Act. The complaint, which was filed on July 24, 2018, in the United States District Court for the Eastern District of Virginia, alleges ...

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Are Day-Time Firefighters Still Eligible for §207(k) Exemption?

Today’s FLSA Question: I am the fire chief for a small full-time fire department. We just received funding to add an additional fire officer for peak “day-time” hours. The new lieutenant will work Monday thru Friday from 7am to 5pm. During the daytime shifts the lieutenant will regularly respond to alarms as a safety officer, chief’s aid, and even as ...

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