The City of Baldwyn, Mississippi has been served with a federal lawsuit filed by five city police officers. The suit, which was filed in the U.S. District Court for the Northern District of Mississippi, alleges the city failed to pay the officers for all hours worked in violation of both the Fair Labor Standards Act (FLSA) and Mississippi state laws. ...
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Pennsylvania Police Officer Files FLSA Lawsuit for 15 Hours of Overtime
A Nanticoke, Pennsylvania, police officer has filed a federal lawsuit in the Middle District of Pennsylvania alleging that the city failed to pay the officer for approximately 15 hours of work over a 2-month period in late 2016. The officer, Kara Kroll, alleges she sustained a work-related injury in October of 2016. As a result, she missed one week of ...
Read More »“Off-the-Books” Paid Time Off Practice Ended for Ohio Police and Firefighters
The City of Akron, Ohio has ended the practice of providing “off-the-books” paid time off to some police officers and firefighters. For more than 30 years, the city had an unwritten policy that allowed some police officers and firefighters take time off in lieu of receiving overtime pay for attendance at community outreach meetings and fire safety events. The paid ...
Read More »Military Leave and the FLSA
Today’s FLSA Question: Does the FLSA require employers to pay employees while they are on military leave? Answer: Good question. The answer is maybe . . . and it depends. . . We need a little more information to answer this one. As a general rule, the FLSA does not require that employers continue to pay employees while they’re on ...
Read More »Virginia Police Officers File Lawsuit Over Uncompensated “Off-the-Clock” Work
Two Roanoke, Virginia, police officers have filed a federal lawsuit in the Western District of Virginia claiming the City of Roanoke failed to pay police officers for all hours worked in violation of the FLSA and other state laws. While the complaint was only filed by two officers, the suit seeks to add additional plaintiffs over the next several months. ...
Read More »U.S. Firefighter Working Overseas and the FLSA
Today’s FLSA question: I am a U.S citizen working as a contract firefighter at a U.S. military base overseas. The company I work for is based in the U.S. My co-workers and I receive straight time for all hours worked. We receive zero overtime. We average over 80 hours of work per week! Does the FLSA apply to us? The ...
Read More »FirefighterOvertime Update – Police officers settle OT dispute with City of Richmond, VA
The City of Richmond, Virginia, has agreed to pay approximately $50,000 to settle a lawsuit filed by four police officers regarding unpaid overtime. The lawsuit, which was filed in August of 2017, claimed the city failed to pay overtime to officers assigned to the former mayor’s private security detail. The officers claimed the city unilaterally stopped paying overtime for hours ...
Read More »Paying Firefighters . . . It’s all about the work period
The FLSA requires any public agency electing to utilize the §207(k) partial overtime exemption for police officers and firefighters establish a work period. In other words, to avoid paying overtime to firefighters and police officers after they work 40 hours every 7 days, the public agency needs to establish a qualifying work period. While establishing a work period may not ...
Read More »“Averaging” FLSA Overtime for Firefighters
Today’s FLSA Question: I am a fire lieutenant and the president of my local firefighters’ union. We work a 48/96 schedule (48 hours on duty followed by 96 hours off), and utilize a 14-day work period. I know the FLSA requires overtime for all hours worked over 106 in a 14-day work period. We have a unique provision in our ...
Read More »Disciplinary Suspensions and the FLSA
Today’s FLSA Question: I am a deputy fire chief in charge of administration and personnel. Our firefighters work a 24/48 schedule with a 21-day work period and an assigned Kelly day every third week. We recently suspended (without pay) a firefighter for two 24-hours shifts following a serious disciplinary matter. Instead of serving the suspension as planned, the firefighter has ...
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