Tag Archives: unpaid hours

Executive Exemption and Fire Officers

In this Fire Law VLOG, Curt Varone and Bill Maccarone discuss three recent settlements involving high-ranking fire officers and their entitlement to FLSA overtime. What makes a high-level fire officer an overtime exempt executive or administrative employee under the FLSA? The FLSA and Department of Labor (DOL) regulations contain a long list of requirements necessary to classify any employee as ...

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Georgia County Facing FLSA Lawsuit from Former Battalion Chief

Former Lumpkin County Fire Department Battalion Chief Sharon Booth has filed suit against her former employer alleging that the county misclassified her as an overtime exempt employee in violation of the FLSA. The lawsuit, which was filed on November 30, 2022, in the U.S. District Court for the Northern District of Georgia contains rather straightforward claims of unpaid overtime for ...

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TN County Sheriffs File FLSA Lawsuit for Regular Rate Violations and Unpaid Overtime Following Change in Work and Pay Periods

Humphreys County, Tennessee is the latest public employer to face an FLSA lawsuit filed by its employees. A group of six current and former workers from the county’s sheriff’s office filed the lawsuit on behalf of themselves and other similarly situated individuals in the U.S. District Court for the Middle District of Tennessee on October 31, 2022. The plaintiffs, four ...

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Honolulu Medic Files FLSA Lawsuit

A paramedic from Honolulu, Hawaii has filed an FLSA lawsuit on behalf of himself, and other similarly situated individuals, claiming the Honolulu Department of Emergency Services is violating the FLSA. In the complaint, which was filed last week in the United States District Court for the District of Hawaii, paramedic Robert Hayslip makes three basic allegations: Hayslip alleges his employer ...

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$415K Settlement in WV Holiday Pay Lawsuit

The City of Huntington, West Virginia has agreed to a $415,000 settlement with a group of current and former city firefighters following their 2020 lawsuit over holiday pay. The firefighters’ allegations center around a unique portion of the West Virginia Wage Payment and Collection Act that requires paid firefighters either receive time and one-half pay for all hours worked on ...

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FL Fire District Settles FLSA Lawsuit with Firefighters

The Destin Fire Control District has settled an FLSA lawsuit with a total of nine firefighters for almost $40,000. The firefighters had alleged that the district required them to attend specific training sessions while off-duty and did not compensate them for that time. The district countered by claiming the firefighters attendance at the trainings was purely voluntary and provided by ...

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Jury Finds Louisville Police SWAT Members Not Entitled to On-Call Pay

A jury has found members of the Louisville Metro Police Department’s SWAT team are not entitled to back-pay and overtime pay for hours spent on-call. In 2016, a total of 46 current and formers SWAT members filed this lawsuit alleging the department’s on-call policies for SWAT team members was unreasonably restrictive and as such should be compensated. According to the ...

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Four Florida Firefighters File FLSA Suit Against Town

Four Micanopy Fire and Rescue firefighters have filed a federal lawsuit against their employer alleging violations of the FLSA. According to the town’s website, the Micanopy Fire and Rescue Department responds to over 400 calls per year over an area of fifty-three square miles and serves a population around 10,000 people. The department is staffed by a full time fire ...

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Philly’s Firefighters Urged to Seek Overtime Pay for Required at Home Covid Testing

The union representing thousands of Philadelphia firefighters (IAFF Local 22) is urging its unvaccinated members to submit overtime requests for department mandated Covid testing. According to The Philadelphia Inquirer, the city and union recently reached an agreement that requires unvaccinated firefighters (approximately 700 of a total 2,300 city firefighters) test themselves weekly and upload those results to a city website ...

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